Can a company keep an employee on long term disability?
Can a company keep an employee on long term disability?
A recent case heard by the Ontario Superior Court found that an employer is not obligated to continue to employ an employee on long term disability (LTD) who is not likely to return to work in a reasonable time.
What does it mean to not be able to engage in a gainful occupation?
What does it mean to not be able to “engage in a gainful occupation”? Long-term disability (LTD) policies typically define “disability” in one of two ways. In an “own occupation” policy, you’re disabled and entitled to long-term disability benefits if you have a medical condition that prevents you from performing the duties of your own occupation.
When does an employee have to prove they are unable to do their job?
Generally, during the first two years of LTD (depending on the policy), an employee must be able to prove that they are unable to do their occupation. After that time period, the employee must then prove that they are unable to do any occupation.
Can a person on long term disability return to work?
Employee on LTD Terminated Because Unlikely to Return to Work August 30, 2018 A recent case heard by the Ontario Superior Court found that an employer is not obligated to continue to employ an employee on long term disability (LTD) who is not likely to return to work in a reasonable time.
A recent case heard by the Ontario Superior Court found that an employer is not obligated to continue to employ an employee on long term disability (LTD) who is not likely to return to work in a reasonable time.
What does it mean to not be able to “engage in a gainful occupation”? Long-term disability (LTD) policies typically define “disability” in one of two ways. In an “own occupation” policy, you’re disabled and entitled to long-term disability benefits if you have a medical condition that prevents you from performing the duties of your own occupation.
What does reasonable accommodation mean in employment law?
A reasonable accommodation is, generally, “any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.” [2]
Can a receiving Ltd be used to terminate an employment agreement?
Receiving LTD may, itself, provide evidence of the existence of a long-term disability that may allow an employer to conclude an employer will not be able to return to work in a reasonable time, thus freeing it to terminate the employment agreement.