Taking a Medical Leave of Absence in Ontario: Lawyer Recommendations
If you're one of the many Ontarians facing illness or injury and unable to work, you likely applied for long term disability (LTD) benefits to help replace the income you're missing. Navigating this process can be stressful enough, but it can feel overwhelming when your insurance company denies your LTD claim.
When this happens, and you're still unable to return to work, in most cases, you are entitled to a job-protected leave of absence. it’s important to remember that you have options. Understanding your next steps is critical to moving forward, and there is always hope—even when things seem difficult.
Were you placed on a medical leave of absence in Ontario? Share Lawyers’ experienced disability lawyers work with you to explore your options.
Taking a Medical Leave of Absence in Ontario
A medical leave of absence in Ontario is a lifeline for employees struggling with a severe illness or injury. You are entitled to a vital, open-ended period of job-protected leave under the Human Rights Code (the "Code"). This leave allows you to step away from work if you are dealing with a disability, to focus on your health and recovery without fearing losing your job.
Medical Leave of Absence and LTD Benefits: What’s the Difference?
While both leaves of absence and LTD benefits help when you can’t work, they differ significantly in their function. A leave of absence protects your job, while LTD benefits provide income support during extended illness or injury.
Medical Leave of Absence vs LTD Benefits | ||
Eligibility | You are eligible for a medical leave of absence immediately upon your hire. | Depends on specific policy details and required medical documentation. |
Job Protection | Yes, your job is protected for an open-ended period under the Code – typically up to 2 years, but sometimes longer. | No direct job protection, but LTD helps maintain income stability |
Income Support | Unpaid, though some employers continue benefits. | Provides a portion of your income if approved (typically 60-80%). |
Process | Notify employer, may need medical documentation. | Submit claim to insurance with medical proof. |
Appeal Options | Not applicable. | Can appeal a denied claim through a complex legal process. |
Legal Assistance | Not typically needed. | Highly recommended, especially if the claim is denied. |
Your Rights During a Medical Leave of Absence in Ontario
Your job is legally protected during a medical leave of absence in Ontario. Once your leave period ends, your employer must adhere to the following:
- Reinstate you to your original job or a comparable position.
- Continue your benefits if you keep paying your share of premiums.
These protections ensure that your recovery doesn’t jeopardize your employment status.
That said, the job protection afforded by the Code is not permanent. At some point (usually, after two continuous years of disability or longer), your employer may end your employment due to a legal concept called “frustration” if your return to work is not foreseeable. You should contact an employment lawyer if this happens.
What if I Can’t Afford to Take a Medical Leave of Absence?
A medical leave of absence is a great way to protect your employment while you focus on recovery. However, while this unpaid leave protects your position, the lack of income can make it challenging to keep up with financial obligations, such as rent or bills, which usually depend on your wages. LTD benefits are designed to help by providing a portion of your income while you cannot work. Unfortunately, LTD claims are sometimes denied, even when valid, which can add unnecessary stress during an already challenging time.
When an LTD claim is denied, you might be faced with difficult options:
- Return to work despite being physically or mentally unable to do so.
- Be placed on an unpaid medical leave of absence, leaving you without financial support while you recover.
While neither of these are desirable positions, they don’t mean that you’re necessarily out of options.
Your Options After an LTD Denial
Just because your insurance company denies your LTD claim doesn't mean it's the end of the road. It’s important to remember that insurance companies are businesses; sometimes, they make decisions based on their bottom line, meaning valid claims can be denied.
The good news? You have the right to appeal a denial. Before jumping into the process, it’s a great idea to connect with an experienced disability lawyer like Share Lawyers. We can guide you through the appeal, help you understand your rights, and increase your chances of getting the benefits you deserve. With the right support, you don't have to face this challenge alone!
Share Lawyers Fights for the Benefits You Depend On
Now that you know more about taking a medical leave of absence in Ontario, you can decide if it's the right option. But if you think an LTD claim might be a better fit—or if you’re already dealing with the stress of a denial—take a deep breath! You don’t have to handle this on your own.
At Share Lawyers, we’ve been standing up for Ontarians for over 35 years. As Canada’s first law firm specializing in disability law, we’ve helped over 9,000 people secure the LTD benefits they deserve. So, if your claim has been denied, don’t worry—we’re here to help you every step of the way! Let us fight for you so you can focus on what truly matters: your recovery.
The team was very kind, compassionate, thoughtful, knowledgeable and professional. Thank you for all your amazing work to advocate for and help people. Also, thank you for providing support throughout the process.” — Nadine F., Windsor |
It’s free to talk to us, and there’s no obligation. At Share Lawyers, we believe everyone should have access to legal help, so we work on a contingency-fee basis—you don’t pay us anything until we win your case.
Need more information on a medical leave of absence in Ontario? Share Lawyers is here for you.
Contact Share Lawyers today and put our experience to work for you. Our 35+ years of experience can help you win your case against Canada Life, Desjardins, Manulife, RBC Insurance, Sun Life, and other insurance companies. Our legal team offers a free consultation and works on a contingency basis - there are no fees unless you win your case.
