Question on Long term disability. I am on it now. My company replaced me. I want to know my rights when I come back. No

Expert's Assistant chat

Customer: Question on Long term disability
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: I am on it now. My company replaced me. I want to know my rights when I come back
JA: Are you an "at will" employee? Do you belong to a union?
Customer: no union. bank
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No. I simply want to now my rights

Answered by Debra in 23 mins 2 years ago

Debra

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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Debra, Expert

I am sorry to hear of this difficult situation.

Are you saying that you have been a long-term disability but you are able to go back to work now?

What province are you in please?

Customer

Hi Debra. Here is coles notes. I am a Business Development Manager for a bank in Atlantic Canada. I was the only employee in Atlantic (NS , NB PEI and NFLD)

Customer

I went on STD in Jan 2018 and then LTD which runs out May 2021. Th ey are looking at a gradual return to work but the bank filled my position. What are my rights? Do they have to give me the same role?

Debra, Expert

The law is that the employer has to provide you with reasonable accommodations if doing so will not cause them to undergo undue hardship. This extended sick leave was an accommodation that you required so if they can provide that accommodation and did not you can file a complaint with the human rights Tribunal because it will be a case of discrimination on the basis of disability and contrary to the human rights code.

At the same time, you did not Have a job protected leave for all this time so if they are going to undergo undue hardship by keeping your position they did not have to do so.

The hope is that if they can't give you a position they will give you a comparable position but if not then you can file the complaint with the human rights Tribunal.

Your best next step would be to consult with a lawyer in Nova Scotia.

What you can do to find a lawyer is one of the following things.

You can contact the Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** (toll free) or(###) ###-####in the Halifax area

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/directory/find-lawyers-or-law-firms/

Does that help as a starting point?

Debra, Expert

Thank you for trusting us to help you here at JustAnswer. If you have any follow-up questions, or need clarity on anything we went over today, please feel free to let me know-I am happy to help!

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