Short and Long-Term Disability Entitlements – Sick leave, LTD, STD

Short and Long-Term Disability Entitlements – Sick leave, LTD, STD

Accidents and illnesses – they can put you on sick leave or disability. Fortunately, your employer has an obligation to support you during these tough times. If they’re not doing so, our Calgary employment lawyers can clarify their responsibilities to you.

Short-term vs. long-term disability benefits – what you need to know

Your employer should have benefits and insurance in place to financially help you and your co-workers on disability. These benefits should come into effect in the event you suffer an injury or illness that limits your ability to work.

Short-term Disability: For absences lasting less than a year, short-term disability benefits (STD) often come into play. In these cases, the leave from work is temporary and it’s expected that staff members return within a specific time.

Long-term Disability: If the injury or illness that caused the leave limits the employee’s ability to work altogether, then they may be eligible for long-term disability benefits (LTD). In these cases, it’s uncertain when the employee can return.

Unless you signed a release waiving your rights to short-term or long-term disability, your employer has a responsibility to you during these absences from the workplace.

Calgary Short and Long-Term Disability Entitlements – Sick leave, LTD, STD

A leave of absence can “frustrate” the employment agreement

Sadly, as we’ve seen too often in Calgary, employers will often challenge their employees on their right to a short term or long term disability. Worse yet, some have opted to terminate their staff when they take a leave from work! In these instances, the employer will claim that the employment agreement has become “frustrated” due to the employee’s prolonged absence.

For an employer to establish a “frustrated” employment contract, they need to prove that the employee is unable to return in the same capacity they did before their leave.

If the employer can determine that the employee’s return to work is improbable, or they aren’t able to fulfill the duties and responsibilities outlined in the original agreement, they must pay adequate severance and pay-in-lieu of notice.

Don’t settle for less with disability benefits

Is your employer claiming that they don’t have to pay your disability benefits? Or worse still, they are considering dismissing you with the grounds of a “frustrated” employment contract? We urge you to challenge your employer.

At Osuji & Smith Lawyers, you’re in good hands. Our Calgary employment lawyers are accustomed to battling through cases like yours.

Our dedicated team of award winning lawyers will review your employment agreement to determine the benefits you qualify for during this stressful time. If your employer pursues termination, we will fight for fair severance and the entitlements you deserve.

Contact Osuji & Smith Employment Lawyers for all your employment law-related inquiries at 403-283-8018 or fill out the online contact form for more details.

CALGARY EMPLOYMENT LAWYERS – We Speak Your Language

As your Calgary employment law team, we want to help you address your employment law-related inquiries.

We speak English, Igbo, Mandarin, Cantonese, Bengali, Spanish, Japanese, Korean, French, Hindu, Punjabi, and Urdu.

osuji_and_smith_calgary_lawyers_2021_awards_charles_osuji_lawyer
Osuji & Smith has just won the 2021 Three Best Rated for Best Rated Employment Lawyers in Calgary. This is our fifth win having won it in 2017, 2018, 2019, and 2020. We have also won the 2021 Three Best Rated for Best Rated Business Lawyers in Calgary for 2021. This is our third win having won it in 2019 and 2020. Osuji & Smith has also won the Three Best Rated for Best Rated Divorce, Civil Litigation, and Estate Planning Lawyers in Calgary. We have also won the 2021 Top Choice Award for Business Services in Calgary and the Hope Awards, Aspen, among other awards.

Do you have a case? REQUEST A CONSULTATION

Osuji & Smith Lawyers is known for its friendly team of legal professionals. We are client-focused and also driven to produce practical results for you.For years, our clients have trusted our experience and skill in solving their legal matters. Our skill is based on knowledge of the law and our ability to interpret it depending upon the facts of each case. Our dedicated team of lawyers is constantly striving to find unique resolutions for your complex issues. Our office is conveniently located in Kensington close to downtown Calgary, Alberta. For easy access, we also have free parking available for our clients.

What People Say About US