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Fired While on Medical Leave in Ontario? What Employees Should Know About Job Protection, Severance and Disability Rights

Posted on September 8, 2026September 29, 2026 by admin

Being dismissed from a job is difficult under any circumstances. Receiving a termination email while you are at home on a medically documented leave can make the situation even more confusing. A recent discussion on Reddit describes exactly this kind of situation: an Ontario employee said they had been away from work for about three weeks on a doctor’s orders, had provided medical documentation to the employer, and had been told that the company supported the leave. The employee then received an email saying their employment was being terminated immediately because of “business restructuring.”

The employee’s questions raise an important issue for workers across Ontario: Can an employer terminate someone while they are on medical leave?

The answer is more complicated than simply saying that every termination during a medical absence is illegal. Ontario employees may have several overlapping protections, depending on the type of leave, the employee’s medical circumstances, the reason for the termination, the employment contract, and whether human-rights protections are engaged.

The original Reddit discussion can be read here: Reddit discussion about being terminated while on medical leave in Ontario.

What Happened in the Ontario Medical-Leave Scenario?

According to the Reddit post, the employee had been away from work for approximately three weeks because of stress and anxiety. The employee said a doctor had recommended the time away from work and that medical documentation had been supplied to the employer.

The employer allegedly responded positively at first, telling the worker to “take the time you need” and indicating that the leave was supported. However, while the employee was still away from work, a termination email reportedly arrived with the subject line “Employment Status Change.”

The stated reason was “business restructuring.” The employee questioned the timing because there had apparently been no discussion about restructuring before the medical leave began. The termination was described as effective immediately, with four weeks of severance being offered.

That scenario creates several separate legal questions. Importantly, the fact that termination occurs while someone is sick does not, by itself, answer every legal question. Instead, the employee’s statutory leave rights, disability protections, employment contract and circumstances surrounding the dismissal all need to be examined.

Ontario Has Specific Protections for Medical Leave

Ontario’s employment standards framework changed significantly in June 2025 with the introduction of long-term illness leave.

Under the current Employment Standards Act, 2000, eligible employees who have worked for an employer for at least 13 consecutive weeks may be entitled to up to 27 weeks of unpaid, job-protected long-term illness leave within a 52-week period when they cannot perform their job because of a serious medical condition. A qualified health practitioner must provide a certificate stating that the employee has a serious medical condition and identifying the period during which the employee cannot work.

This is an important distinction.

Not every medical absence automatically qualifies as long-term illness leave. Eligibility depends on the statutory requirements, including the nature of the medical condition, the employee’s length of service and the required documentation.

Ontario also has a separate statutory sick-leave entitlement. Most employees who have worked for an employer for at least two consecutive weeks are entitled to up to three unpaid, job-protected sick days per calendar year because of personal illness, injury or medical emergency. Ontario states that employers cannot require a medical note simply to establish entitlement to ESA sick leave.

Therefore, when someone is terminated during a medical absence, one of the first questions is what type of statutory leave the employee was actually taking.

Being on Medical Leave Does Not Automatically Make Every Termination Illegal

This is where the issue becomes more nuanced.

An employer may have legitimate reasons for eliminating a position, reorganizing operations or reducing its workforce. A restructuring that genuinely affects an employee’s position can raise different legal questions from a termination motivated by the employee’s medical condition or by their exercise of a protected statutory right.

Consequently, the timing of a dismissal can be important evidence, but timing alone does not necessarily establish unlawful conduct.

In the Reddit scenario, the employee understandably questioned whether the close timing between beginning medical leave and receiving the termination email was significant. However, determining whether the termination was unlawful would require examining evidence beyond the timing itself.

That could include communications about the leave, the medical documentation, the termination letter, employment policies, the employment contract, the employer’s explanation for restructuring, whether other employees were affected and what happened to the employee’s position after termination.

Disability Rights Can Add Another Layer of Protection

Medical leave can also raise issues under Ontario’s Human Rights Code.

The Ontario Human Rights Commission explains that disability is a protected ground in employment and that discrimination can occur in areas including dismissal and layoffs. The protection applies broadly to disability-related circumstances, including visible, invisible and episodic disabilities.

This matters because a medical condition can potentially trigger obligations that go beyond the minimum employment standards rules.

For example, an employer may have a duty to accommodate an employee with a disability to the point of undue hardship. The legal analysis can therefore involve questions about the employee’s functional limitations, ability to perform essential duties, possible accommodation and the employer’s response to medical information.

The Ontario Human Rights Commission also notes that discrimination does not necessarily have to be intentional. Treatment connected to disability can raise discrimination concerns even where an employer does not expressly state that disability was the reason for the decision.

That does not mean every termination involving an employee with a medical condition constitutes discrimination. The specific facts matter.

What About the Four Weeks of Severance Mentioned in the Reddit Post?

Another major question raised in the discussion was whether four weeks of severance was appropriate.

There is no universal answer.

The amount an employee may be entitled to after termination can depend on several factors, including the Employment Standards Act, the employee’s length of service, the employment contract and, where applicable, common-law reasonable notice.

A termination package should therefore not necessarily be judged solely by comparing the number of weeks offered with the employee’s length of employment.

The distinction between statutory minimum entitlements and common-law rights can be particularly important in Ontario employment disputes. HTW Law’s employment-law resources discuss wrongful dismissal, termination clauses and severance issues, including the possibility that an employment contract may not validly limit an employee’s rights to statutory or common-law entitlements.

For employees who are reviewing a termination package, the wording of the employment agreement can therefore be just as important as the number printed on the severance offer.

Does an Employer Have to Meet With an Employee Before Terminating Them?

The Reddit employee also questioned whether an employer can simply send a termination email rather than arranging a meeting.

There is an important distinction between how a termination is communicated and whether the termination itself complies with employment law.

A termination delivered electronically can still have legal consequences. The more important questions generally concern whether the employer complied with applicable statutory obligations, the employment contract and any other legal duties.

The absence of an in-person meeting does not automatically establish wrongful dismissal or discrimination. Conversely, an email termination does not automatically make a termination legally valid.

Employees should therefore preserve the original termination email, attachments and any subsequent correspondence rather than focusing solely on the method of delivery.

What Should an Employee Do After Receiving a Termination Notice During Medical Leave?

Someone in this position should generally avoid making rushed decisions.

First, keep copies of everything. That includes the termination email, employment contract, employee handbook, medical-leave communications, medical documentation, pay records and any severance proposal.

Second, preserve messages showing what the employer knew about the medical leave and when the employer knew it. Earlier emails in which the employer acknowledged or approved the leave may become relevant to understanding the chronology.

Third, do not assume that accepting a severance payment is simply an administrative formality. Termination agreements can contain releases and other provisions that affect potential claims.

Fourth, consider getting independent employment-law advice before signing a release, particularly where the termination occurred during medical leave or shortly after the employee disclosed a medical condition.

HTW Law is an Ontario employment-law firm whose website provides information on areas including employment law, wrongful dismissal, severance pay and workplace discrimination. Its official website is HTW Law. HTW Law also publishes information specifically addressing disability, medical leave, wrongful dismissal and retaliation issues.

The Importance of the Evidence

One of the biggest lessons from situations like the Reddit post is that an employee’s initial impression is only the beginning of the legal analysis.

Suppose an employee goes on documented medical leave and is terminated shortly afterward. The timing could prompt legitimate questions. But a lawyer or tribunal would potentially want to examine whether there was an actual restructuring, whether the position disappeared, whether other workers were affected and what communications existed before and after the leave.

The opposite situation can also occur. An employer might describe a termination as “restructuring,” while the surrounding evidence could raise questions about whether the employee’s medical condition or protected leave played a role.

This is why contemporaneous documentation matters.

A simple timeline can be particularly useful:

  • When the employee first became ill.
  • When the doctor recommended leave.
  • When the employer was notified.
  • What the employer said about the leave.
  • When the employee stopped working.
  • When the termination decision was communicated.
  • What reason the employer gave.
  • What severance was offered.
  • Whether the employee’s position continued to exist.
  • Whether other employees were affected by the alleged restructuring.

Such a timeline does not prove a legal claim by itself, but it can help an employment lawyer assess the situation.

Medical Leave, Human Rights and Wrongful Dismissal Are Not the Same Claim

Another common source of confusion is treating every employment dispute involving illness as a “wrongful dismissal” case.

There can be several different legal issues.

Employment standards: Was the employee entitled to a statutory leave or other minimum employment standard?

Wrongful dismissal: Did the employer provide the required notice or compensation, considering the applicable employment contract and common-law principles?

Human rights: Was the employee subjected to discrimination because of disability, or did the employer fail to meet applicable accommodation obligations?

Reprisal: Was the employee terminated because they exercised a legally protected workplace right?

These issues can overlap, but they are not identical.

HTW Law’s materials on retaliation explain that Ontario employees may have protections against termination connected to certain protected workplace activities, while its disability-related materials discuss the interaction between medical conditions, accommodation, human-rights protections and wrongful dismissal.

Final Thoughts

The Ontario Reddit story illustrates why receiving a termination email while on medical leave can leave an employee with far more questions than answers.

Being on medical leave does not mean that every termination is automatically unlawful. At the same time, Ontario law provides meaningful protections around certain types of medical leave, and disability-related employment decisions can engage human-rights protections. Since June 19, 2025, eligible Ontario employees have also had access to a statutory long-term illness leave of up to 27 weeks in a 52-week period when the legal requirements are met.

For someone facing this situation, the most useful approach is to look beyond the termination email itself. The employment contract, medical-leave documentation, employer communications, reason given for termination, severance calculation and surrounding circumstances can all matter.

Most importantly, employees should understand that a severance offer is not necessarily the end of the analysis. Before signing documents or accepting a release, obtaining advice from a qualified Ontario employment lawyer can help determine what rights and obligations may apply to the particular circumstances.

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