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Employment Rights 

flora1999
flora1999
Posts: 2


Posted On: 3/7/2020
flora1999
flora1999
Posts: 2
Few questions about Employee rights:

Are work meetings allowed to be outside scheduled hours? (example: I work 7PM-7AM. Meeting is from 12PM-4:30PM. I work again at 7PM)

Can my employer pay me a lesser wage for picking up shifts that do NOT put me into overtime, for doing the same job i usually do?

What are the duties of an on call employee?
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hunter1234
hunter1234
Posts: 1


Posted On: 3/15/2020
hunter1234
hunter1234
Posts: 1
Hi, I have a question regarding my rights after taking some time off for work related stress. I was off for a period of six weeks resonantly and upon my returned to work me and my employer sign on an accommodation plan. My doctor stated that I can no longer works night or overtime hours do to medical reason. My employer ask me to get a psychological evaluation form fill out by my doctor within five days or else. I stated that it takes more then that just to make an appointment. I made an appointment for March 26, 2020 and told my employer which was not satisfied. He them turn around and ask me to go to walk-in clinic to gets it fill-out. I did go to six different walk-in clinic, which all stated that they cannot fill-out, as they do not have medical on me. I took this to my employer which again was not satisfy and said that he would give me an answer on Monday on the consequences. My employer will more then likely suspend me from work or fire me. Can my employer suspend me from work or fire me for this. I did all I can to try and get the forms fill-out, but it's out of my control on what theses doctors do. Any help you can provide will be greatly appreciated. This situation is putting me on edge. I have done everything they ask of me. Thanks
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Moderator
Moderator
Moderator
Posts: 3325


Posted On: 4/16/2020
Moderator
Moderator
Moderator
Posts: 3325
hunter1234 wrote:
Hi, I have a question regarding my rights after taking some time off for work related stress. I was off for a period of six weeks resonantly and upon my returned to work me and my employer sign on an accommodation plan. My doctor stated that I can no longer works night or overtime hours do to medical reason. My employer ask me to get a psychological evaluation form fill out by my doctor within five days or else. I stated that it takes more then that just to make an appointment. I made an appointment for March 26, 2020 and told my employer which was not satisfied. He them turn around and ask me to go to walk-in clinic to gets it fill-out. I did go to six different walk-in clinic, which all stated that they cannot fill-out, as they do not have medical on me. I took this to my employer which again was not satisfy and said that he would give me an answer on Monday on the consequences. My employer will more then likely suspend me from work or fire me. Can my employer suspend me from work or fire me for this. I did all I can to try and get the forms fill-out, but it's out of my control on what theses doctors do. Any help you can provide will be greatly appreciated. This situation is putting me on edge. I have done everything they ask of me. Thanks



Hello There,

Thank you for sharing your situation and question with us. We understand why this may be a cause for concern. It sounds like you are making great strides in working to fulfill your employer’s requirements while following your doctor's advice, and we hope to provide you with helpful information as requested.

Employers have a duty to accommodate certain special needs, as defined by the Ontario Human Rights Code, without undue hardship. These needs can vary in range between disability-related accommodations, caretaker accommodations, and other needs related to the grounds of discrimination.

Stress and mental health-related accommodations are typically considered disability-related, and you may find helpful information in the Steps to Justice, I have a disability. What are my rights at work if I have needs related to my disability? Here is an excerpt on getting medical evidence:
Some employers ask the worker to get a report from a different doctor. This is called an "independent medical examination". They're not supposed to ask for this:
  • as a way of questioning whether you need accommodation
  • to avoid giving you accommodation
They should ask for this only if they need another medical opinion to help figure out what accommodation you need.

If your employer asks for a doctor's letter, they should pay any fees the doctor charges for it.

You may want to get advice about asking your employer for accommodation. You can contact the Human Rights Legal Support Centre for free legal advice and information. For example, they can help you decide:
  • what to ask your doctor for
  • what to do if your employer asks for more information or another medical exam


You may want to connect with a community legal clinic near you with experience in employment and human rights law. You can also write to an operator of Steps to Justice’s live chat for legal information located at the bottom-right corner of every page. If you have any additional questions, please feel free to post them here.

We hope this information is helpful.

Settlement.Org Team
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Moderator
Moderator
Moderator
Posts: 3325


Posted On: 4/16/2020
Moderator
Moderator
Moderator
Posts: 3325
flora1999 wrote:
Few questions about Employee rights:

Are work meetings allowed to be outside scheduled hours? (example: I work 7PM-7AM. Meeting is from 12PM-4:30PM. I work again at 7PM)

Can my employer pay me a lesser wage for picking up shifts that do NOT put me into overtime, for doing the same job i usually do?

What are the duties of an on call employee?

Hello There,

Thank you for sharing your situation and question with us.

The answer to this question may depend on the type of work you do. For example, the hourly norms of a healthcare worker in a hospital may vary from a childcare aide at a daycare centre. You may find helpful information and next steps in the StepstoJustice article, What if my employer asks me to work extra hours?

Here is an excerpt from their first step, find out if Ontario's laws about hours of work apply to you:

Ontario's Employment Standards Act (ESA) has minimum standards that employers must follow, including rules about hours of work.

But not all jobs are covered by the ESA. And in some cases, only parts of the ESA apply.

Use the Ministry of Labour's online tool called Industries and Jobs with Exemptions or Special Rules to find out if your job is covered and which parts of the ESA apply.

You can also call the Ministry's Employment Standards Information Centre at 1-800-531-5551, 416-326-7160, or 1-866-567-8893 (TTY).


We hope this information is helpful. If you have any additional questions, please feel free to post them here.

Settlement.Org Team
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