Question – I have been on sick leave without pay for a year and a half. My employer advised me that my substantive position is being filled with an indeterminate employee and, if and when I return to work, I will be on a priority list. The manager said something about the possibility of “termination for medical incapacity”. Can you explain what that is and how it occurs?
Answer – Termination for medical incapacity may occur under the following conditions: the employee has exhausted their paid sick leave credits; and the employee has been unable to work for an extended period; and the employee is unable to return to work within the foreseeable future (as determined by medical assessment).
An employee who is being terminated for medical incapacity should be offered a medical retirement (depending on the length of time that the employee has been on sick leave and the likelihood of a partial or full recovery). Health Canada (at this time) is the only medical opinion that can approve a medical retirement.