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Lawyers in the court please


dragon

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Can anyone give me quick links to;

How does Canadian Labor Law protect a person who is unable to perform duties because of sickness? Ie, if you call in sick, can there be any repercussion?

How does Canadian Labor Law protect a single mom, unable to procure a babysitter unexpectedly, who then must stay home with children.

Finally, when one leaves a job and offers two weeks written notice. Does the company have the choice whether to grant accrued sick days as part of that two week notice or to pay the departing employee separate?

Ie; Is it the employee or the employer decision whether to grant the sick days or to keep the employee working through the two weeks and then pay them as part of their final pay?

Any link would be appreciated.

Best wishes

dragon

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PART III - DIVISION XIII SICK LEAVE

Hi, dragon - PART III of the code deals with most of the employment standards under federal jurisdiction, including navigation and shipping, a railway, canal, telegraph etc, ships, aerodromes, aircraft or a line of air transportation, a radio broadcasting station, a bank & whatever other is designated bla bla ...

Most employment falls in the provicial area, under the local Labour Code.

The Feds don't offer much. Check it out yourself, but I don't think there's much there other than they have to pay you on the appointed days (no more than 30 after earned), and they can't fire you for being sick. Most of the termination provisions revolve around the employer doing the terminating ...

Cheers, IFG

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http://laws.justice.gc.ca/en/L-2/index.html

239. (1) Subject to subsection (1.1), no employer shall dismiss, suspend, lay off, demote or discipline an employee because of absence due to illness or injury if

a) the employee has completed three consecutive months of continuous employment by the employer prior to the absence;

B) the period of absence does not exceed twelve weeks; and

c) the employee, if requested in writing by the employer within fifteen days after his return to work, provides the employer with a certificate of a qualified medical practitioner certifying that the employee was incapable of working due to illness or injury for a specified period of time, and that that period of time coincides with the absence of the employee from work.

I know this only answers part of your question, but you may want to do a search on the Ontario (or relevant provincial site) too for the rest of it...

http://www.olrb.gov.on.ca/english/homepage.htm

hope this helps...

B.

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Dragon,

I think that you'll find that what the labour laws allow is the ability for the employee to negotiate terms that would cover the situations you have described.

The law will protect you from getting fired for being sick if it is legit but I don't think that there is any obligation to pay for days missed unless it is covered in a contract.

The "sick days" do not BELONG to you, they belong to the company and to get them to pay you for them if you haven't taken them is usually a very high priced negotiated benefit.

Good luck.

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