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am seeking legal advice regarding a workplace accommodation issue in Ontario involving medical leave, disability benefits, and potential termination risk.
I work in a customer service role that involves high-volume phone interactions. I went on medical leave due to Major Depressive Disorder with anxiety features. My treating physician and therapist have both provided written documentation stating that returning to full phone-based duties at this stage risks relapse and recommending modified duties or gradual exposure.
I received disability benefits for a period of 6 months, but my insurer has now denied continued modified duties on the basis that I do not meet their contractual definition of disability. As a result, my benefits have ended.
My employer has indicated that phone work is considered an essential duty of my position. While temporary accommodations were provided, I am now concerned that I may be required to return to full phone duties despite medical recommendations to the contrary.
I am worried about the risk of termination if I am unable to perform phone-based duties and would like clarification on my rights and my employer’s obligations.
1. The scope of my employer’s duty to accommodate under the Ontario Human Rights Code.
2. Whether an employer can terminate employment if medical documentation supports restrictions on essential duties.
3. Whether an insurer’s denial affects the employer’s accommodation obligations.
4. What may constitute “undue hardship” in this context.
5. My potential entitlements if termination occurs.
6. Whether appealing the disability denial would be advisable.
I am trying to protect my employment rights while managing a documented medical condition.
Thank you for your time.
With regard to your employment-law-related questions, I recommend using our free employment questions website (www.terminationquestions.com) as a starting point instead.
With regard to your LTD questions, I'm going to email you directly to see if you might have a claim we can assist with.
With regard to your LTD questions, I'm going to email you directly to see if you might have a claim we can assist with.