Termination of employment following sick leave can result in a discrimination claim. People in general are entitled to address their health concerns, first and foremost, by seeking medical attention. An interruption to an employee’s employment, such as an operation is reasonable and taking sick leave is rational. Does an employer who terminates an employee following sick leave have a legal right to do this?
Employment lawyer, Daniel Lublin explains in his most recent Globe and Mail article I got fired after my operation, that there is no legality for terminating an employee who has recently undergone an operation. In fact, the employee may file a discrimination claim under the applicable legislation.