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.

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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

JENNIFER L.

“Charles was fantastic to work with! He was very professional, made sure I knew my options and supportive to the end. He successfully handled my employment matter and I would hire Charles again if needed.”

KIRSTEN A.

Aniedi Davidson at Osuji & Smith made our experience of incorporating interesting, accessible and hassle free. She took the time required to help us understand the process thoroughly and was very kind and friendly. Incorporating felt like a large task to us and she made it easy! I would highly recommend her services to anyone looking to incorporate their business.

NEDU A.

Quite frankly, Osuji & Smith is the best. Charles and his team handled my Divorce process with ease. Their level of flexibility and professionalism is second to none! Would advise the general public to contact Osuji & Smith for all their legal needs.

RON H.

I would like to thank Nitin Srivastava of Osuji & Smith for his help on my recent case. He was very professional and knowledgeable and helped me to make the proper decision regarding my case. I would recommend Nitin to anyone needing advice on labour and employment law.

MICHELLE R.

My partner and I had a meeting with Charles today. He was very welcoming and so full of knowledge! Not only that but most importantly, honest. He helped us understand our situation and did so without us retaining him and charging us a ton of money! Such a different experience than any other lawyer I had dealt with in the city. He did not make us feel as if we were just a dollar sign and actually seemed to care. That is not common in lawyers. You’re awesome Charles and we would most definitely recommend you to anyone!

JOSEPHINE O.

Charles Osuji has been my legal advisor for some time now. From the first day I met with him, I came to the conclusion that being brilliant and respectful has nothing to do with race or colour of skin. If you need a smart, efficient, competent, hardworking and professional lawyer, Charles Osuji embodies all these qualities. Charles is a very patient, considerate, hardworking lawyer that works 24/7 for the best interest of his client. He has been handling all my legal matters and has done an amazing job. I should note that he works with a dynamic and friendly team. I highly recommend him and his law firm, Osuji & Smith!

FOERSTER D.

I had a great experience with Charles Osuji and his staff! Very professional and friendly and helpful. They are very reasonable with their hourly rates. I highly recommend Charles Osuji and Osuji & Smith to all my friends and anyone out there who is looking for professional help.

CARMELO M.

Had a great experience dealing with Charles. He looked after our best interests and finished our contract in good time. We will be using Osuji and Smith in the future.

CHRIS W.

Osuji and Smith handles all of our personal and business needs and we could not be happier with them. They are always available to answer any questions and provide sound advice. If you are looking for a great law firm, call them and they will take care of you every step of the way.

ROMINA B.

They are Excellent and I had a wonderful experience especially Mr. Charles! He is very friendly and explained us all the outcomes. And we won the case!

GLORIA N.

Charles and Colleen provided me with some legal and real estate services. They are very professional, competent and on time. Their fees are very reasonable too. I highly recommend Charles Osuji and to anyone looking for a competent and knowledgeable lawyer that can resolve your case quickly at a reasonable price. Thanks, Osuji and Smith for the excellent work!

BORIS N.

We hired Charles to help us with Employment law. He was very knowledgeable on the matter, he worked very efficiently and he achieved a favorable result in a short period of time. He was also very reasonable priced. I highly recommend him to anyone in a need of legal advice and services.

OLA F.

I came to Osuji & Smith to review a commercial lease for my new business location. Charles and Alessia thoroughly reviewed my lease with me so that I understood it, and provided me specific notes about the present lease to take back to the landlord. Charles exceeded my expectations by also giving me additional tips on legal contracts on top of sharing some business advice that will be invaluable to the future of my business and my success as a new business owner. I feel the value I received from this office is why I will surely choose them again in the future.

JAMES G.

I worked solely with Charles on an employment case that was very personal to me. From the get go he displayed nothing but the highest standard of respect, knowledge, case fact competency and actually cares about your interest & well being. Always reachable even whilst I was overseas in multiple countries. His consistency, experience, historic reference, and flawless case punctuality are very noticeable in the way he handled every single matter. I can’t thank him enough for his honest work, support, and dealings. Osuji and Smith law-firm is an amazing establishment. Thank you again, Charles.

JOSEPHINE O.

Charles Osuji has been my legal advisor for some time. From the first day I met with Charles I came to conclusion that being brilliant and respectful has nothing to do with race or colour of skin. If you need a smart, efficient, competent, hardworking and professional lawyer, Charles embodies all these qualities. Charles is very patient, considerate, hardworking lawyer that works 24/7 for the best interest of his client. He has been handling all my legal matters and had done an amazing job. He works with a dynamic and friendly team. I highly recommend him and his law firm Osuji & Smith Lawyers.

FRANKLIN O.

I have used them once and all I can say is their services are top notch, didn’t have anything to complain about. Hence I will definitely recommend them to friends and family.

SEBA P.

I had the opportunity to have Charles Osuji providing legal services for myself and I can say that he and his team dealt with my matter in a very professional way. They are very responsive and Charles worked even on a Sunday to have my issue solved as soon as possible. Reasonable priced and more than that, he offered me the most cost-efficient alternatives for my case. Highly recommend this law firm.

SARATHY

I hired Charles for a prenuptial agreement. He is amazing from day 1. Unlike other corporate family lawyers, Charles calls you back even after 9 pm and even on a Saturday or Sunday. You can directly talk to Charles anytime unlike other lawyers who are not so easy to talk. His prices are reasonable and he is very professional. I would highly recommend Osuji & Smith for your legal needs.

TERRY T.

I worked with Charles and Colleen for the sale of my old home and the purchase of my new home. They were so wonderful to deal with. Very professional and helpful. I would highly recommend Osuji & Smith for your legal needs!

ANGIE N.

Charles is amazing. He handled my divorce efficiently and professional and put up with some craziness on my part. Would definitely recommend!