Question and answer
Ask your question and a Long-term Disability Lawyer in Canada will answer in minutes




Note, your name, city and email is not displayed on the website. It is used to notify you that we have answered your question.


I have been on STD + LTD since Jan 2022. Recently met with my employer about returning. I have a medical release from my Dr. I’ve worked very hard to recover from Extreme burnout, which they ignored when I brought my workload to their attention in 2020 & 2021. Today, my employer sent me a letter saying they do not have a position for me. They claim that my LTD was the equivalent of “total/permanent” disability, so they hired someone into my job permanently. I was a full-time spiritual care practitioner. When I met with them, I told them I only want 18- 20 hours a week, not FT. The letter states that they’ve determined that I’m not qualified for any other position. They will put me on a leave of absence until they have something for me. Can they do this?

Your employer generally has the duty to return you to the same or similar position as before you went on leave. If they refuse to do so, you may have options.
If you're non-unionized, I recommend contacting our employment team ASAP at 1-855-821-5900 so we can discuss your rights in more detail.
If you are unionized, you will need to speak with your union representatives for more information.
The Disability Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-888-990-9646     Email: help@disabilityrights.ca     Web: www.stlawyers.ca
Leave a comment