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Does an employee who takes disability for four months

Expert: Howard Levitt

Seed asked:

An employee has been employed with us for three years. She has taken four months disability leave (not work related) and has returned to her same position that she left. Is she entitled to the same vacation for this year as in the past? We are in Ontario.

Howard Levitt answered:

In Ontario, employees at all levels and lengths of service are entitled to two weeks per year vacation and/or four per cent of their pay. If the company's policy provides more weeks or per cent vacation, than an employee cannot be discriminated against; i.e. provided less pay because they were off on disability.

About the author

Howard Levitt, Counsel to the national law firm Lang Michener. He is author of, The Law of Dismissal in Canada, The Quick Reference Guide to Employment Law and an upcoming book on Canadian Hiring Law. He is Editor In Chief of the Dismissal & Employmnet Law Digest.

Phone: (416) 307-4059
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