Sister in law is on short term disability (STD) with a federally regulated employer in Quebec (Montreal) and has been

Hi,

I'm a Québec lawyer. Nothing prevents the employer from communicating, at any reasonable time, with any employee. This cannot however constitute harassment.

The employer can terminate the employee during sick leave, but the said employer will have the burden of proof to establish it was not related to the sick leave. For example, if the employer can prove it is for economical reasons, for example, due to the pandemic, the recourse for unjust dismissal will likely fail as well. Your sister in law could demand a just notice (compensation) under section 2091 of the Civil Code of Québec (see below).

In response to your third question, normally, she would continue to receive insurance benefits as long as she cannot work.

I trust my answer sends you in the right direction.

Please do not forget to rate my answer from three to five stars so the site will record my answer for my site profile, which is very important for me. It's on the top right of your screen, the bottom of your screen if you are on mobile. Bonuses are always welcomed also.

Best regards,

Jeremie John Martin

2091. Either party to a contract for an indeterminate term may terminate it by giving notice of termination to the other party.

The notice of termination shall be given in reasonable time, taking into account, in particular, the nature of the employment, the specific circumstances in which it is carried on and the duration of the period of work.

1991, c. 64, a. 2091; I.N. 2014-05-01.

Hi,

I would be glad to answer follow-up question. You are right that this informational service cannot replace hiring a live lawyer.

Before we answer more questions, may I please ask that you now rate my answers to your first three questions? This would be very much appreciated.

Best regards,

Jeremie John Martin

Thank you for rating my answer so positively.

You are right to underline that if your sister in law can prove that there were no economical reasons for the termination or that someone else is doing her position, that she could win her recourse against the employer based on termination inside her 17 weeks right plus unjust termination if she was working there for more than one year. This complaint needs to be filed within 90 days of the said termination.

You ask the grounds for termination. What did the termination letter and employment record say?

Best regards,

Jeremie John Martin

Your welcome. Please come back soon for your next legal question. I can be requested directly in the title of your question. I am also offering a live phone call, if this could be of any use for you or your sister in law. This is a premium service.

Best regards,

Jeremie John Martin