Can I be fired while on medical leave in Ontario?
Not because you're on leave, and not because of your medical condition. In Ontario, an employer can't end your employment for either reason. But employers do sometimes let people go while they're away, and when that happens, the hard part is working out why.
What does it feel like when this happens?
Say you've been off for two months. You've kept in touch with your manager, and you're hoping to be back in the new year. Then a letter arrives saying your position has been restructured. You read it three times. You wonder whether it's a coincidence, and then you wonder whether you're allowed to wonder.
You are. That question deserves a real answer, and it starts with understanding what the law protects.
What protects you?
Two laws do most of the work. The Ontario Human Rights Code protects you from discrimination because of a disability, and disability includes mental health conditions as well as physical ones. It also requires your employer to accommodate you up to the point of undue hardship. That's a high bar. Cost and safety count, but inconvenience doesn't.
The Employment Standards Act protects certain job-protected leaves, including sick leave and family medical leave. Your employer can't fire you or penalize you for taking one.
Can an employer ever let you go while you're away?
Sometimes, yes. If a company eliminates a role for real business reasons, or lays off several people at once, someone on leave can be affected. The law doesn't freeze a company in place because an employee is away.
The question is whether your leave or your condition was a factor. It doesn't have to be the only reason, and your employer doesn't have to say it was. If it played any part in the decision, that can be discrimination.
How do you tell the difference?
No single detail settles it, so I look at the whole story. When did the decision happen compared with when your employer learned about your condition or your leave? Was your work praised before and criticized after? Does the reason for ending your job keep changing? Was your role eliminated, but someone else now does the work? Did anyone ever sit down with you to talk about accommodation, or did the conversation skip straight to the end?
None of those proves anything alone. Together they can show a pattern, or they can show a company that made a hard decision for ordinary reasons. Part of what a review does is work out which one it is.
What should you do while you're still sorting it out?
Keep what you have: emails, letters and texts about your leave, your medical notes, and any forms your employer asked you to fill out. Ask for the reason for your termination in writing. Don't resign, and don't sign anything yet, because a severance release can cover human rights claims too.
You also don't have to share your diagnosis. Your employer can ask for enough information to support your leave or accommodation, like how long you'll be away and what limits you have at work. That doesn't usually include the diagnosis itself.
If you're on long-term disability, being let go can raise extra questions, including what happens to your benefits. Get advice quickly in that situation.
What are the time limits?
They matter, so check them early. A claim at the Human Rights Tribunal of Ontario generally has to be filed within one year of the incident. A wrongful dismissal claim in court generally has a two-year limit. Your own dates may be different.
Depending on your situation, there may be more than one route, including a Tribunal claim, a wrongful dismissal claim, or a negotiated outcome. They affect each other, which is why it's better to get advice before filing anything.
In Ontario, requesting workplace accommodation is not asking your employer for a favour; it is exercising your legal rights. Under the Ontario Human Rights Code, employers have a legal duty to accommodate employees with needs related to protected grounds, including disabilities, to the point of undue hardship.
If something happened while you were off work, tell us what happened. We'll listen, explain your options, and tell you where you stand.
This post is general information for Ontario employees. It isn't legal advice about your situation.
