What are the rights of an employee?

What are an employee's rights around a disabling health condition in Canada?

  • What are an employee's rights around a disabling health condition in Canada? Asking for a friend. He has a chronic illness that has recently come out of remission. He asked his employer to reduce the hours at his part-time job by 20%, citing his illness and family stress as the reason. (His illness is classified as a disability, though he doesn't call it that usually.) He is just shy of 3 months with this employer. He is finding the strain of the job very difficult. Can he take unpaid medical leave -- and does he have to have 3 months in first? Would the employer have to hold his job?Also, is the employer required to accommodate his request for a 20% reduction in work hours? His boss said they could try it out for a few weeks. However, his boss is not reducing productivity standards. His job does not have benefits. You are not a lawyer/his lawyer, etc. He lives in BC. He had no idea that the illness would come out of remission. He plans to see a lawyer, but I thought I'd ask this for him first. He is gathering information, as he's not really sure how to proceed and doesn't want to screw anything up.

  • Answer:

    He should contact thehttp://www.bchrcoalition.org/files/GroundsProtection.html. They will be able to help guide him through his accommodation needs/requests. Contact link if you scroll to the bottom of the page.

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He'll also want to check out the http://www.labour.gov.bc.ca/esb/welcome.htm website. Here's the http://www.labour.gov.bc.ca/esb/facshts/leave.htm, which does not list medical leave. Presumably he works for a provincially regulated business, not a federally regulated one, which are listed http://www.hrsdc.gc.ca/eng/labour/employment_standards/regulated.shtml and are covered by the http://laws-lois.justice.gc.ca/eng/acts/L-2/. Also, in BC, he needs to understand that an employer can terminate employment without notice or pay in lieu of notice if he hasn't completed three consecutive months of employment.

sillymama

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