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Hello, Thank you for this great service. I am 46 years old and have worked for a bank as a manager for more than 20 years. I have been on short term disability for five months for depression and I would like to try to return to work (both my doctor and psychologist are ok with that). As part of my accommodation request, my psychologist wants me to work at a different job within the company that is less stressful. After 6 months, she proposes I return to my regular job. I am wondering two things. First, if my temporary job a lower paying job, should I expect to have my salary drop? Second, if I don’t like the temporary job they offer, can I decline and could they terminate me?

Generally you are not only eligible to receive short term disability if you are disabled from performing your own occupation. If you are able to work then you don’t get short term disability. But your employer also has a legal obligation to accommodate you to a reasonable degree. If you are able to take a different job and your income drops you technically are still disabled and should get STD because you can’t perform your OWN occupation.

As to your first question, I don’t know because I don’t know what the temporary job is and what your employer is paying for it. As to the second question, your employer should not fire you as firing someone who is disabled is a violation of the human rights code. Should that happen please let me know ASAP and we would help. My number and email are below.
Sivan Tumarkin
Direct Tel (Toll Free): 1-888-990-9646     Email: sivan@stlawyers.ca     Web: www.stlawyers.ca
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