Long-term disability (LTD) is a complex time filled with uncertainty for anyone. Aside from the physical and mental stress of the handling of disabilities, people are also confronted with the complication of studying about their legal rights as to employment. No matter if you’re in receipt of LTD benefits or in the midst of applying, it is important to understand how law can protect your job rights at this point in time. The following article discusses the ways you can safeguard your job when you’re on long-term disability, so you do not accidentally put your position at risk.
Understanding Employment Protections for Disabled Workers
Subject to law, persons under long term disability are sheltered by various rights and by laws that purport to prevent discrimination and guarantee fair treatment. Providing reasonable accommodation for employees with disabilities is a duty for the employers in many jurisdictions. This can be in the form of changes at the workplace or changes to job roles to facilitate an individual to be able to do their job carrying his/her disability. Also, acts such as those including the Americans with Disabilities Act (ADA) in the U.S., and the Ontario Human Rights Code in Canada that legally require employers not to terminate or otherwise discriminate against an employee because of their disability, including on long-term disability leave.
It is also important to understand that long term disability is normally not a valid termination grounds unless situations arise such as the inability to perform essential functions after a reasonable time. An LTD lawyer Toronto will offer legal advice to employees so that they know their rights and how their employer should comply with these protections. When there may be conflicts or ambiguities with your employer on the question of your job security during disability leave, consulting a long-term disability lawyer is essential.
The Importance of Communication with Your Employer
Open communication with your employers is a key requirement of exercising your job rights when in long-term disability. Though not at all times medical information needs to be provided, it is necessary to communicate your disability status in addition to your expected return-to-work date (where possible). Clear communication can establish expectations and may avoid miscommunication about your leave, accommodations.
Simultaneously, it is also important to grasp your employer’s policy as well as its legal responsibilities towards you. Your employer can ask for medical documents or upgrades on your ailment especially if your leave exceeds some time. However, they need to have respect for your privacy rights and treat your medical details in confidence. If there is any ambiguity regarding your employer’s actions or practices, long-term disability attorneys can help you gain justice and the right you deserve in terms of your employer’s practices.
Exploring Reasonable Accommodation Options
In a lot of scenarios, an employee who is on long term disability can still resume work with some sort of adjustments expected. These accommodations may be quite diverse, starting from hours of work and ending with the work environment. The major element of reasonable accommodation is that it should enable the employee to perform the essential work of the position without incurring excessive hardship to the employer. If coming back to the job is expected, employers must cooperate with the worker to consider such alternatives in such a way that an employee’s disability does not prevent him/her from performing the tasks the employer requires.
If you feel your employer won’t provide you with reasonable accommodations or is forcing you to go back to work when you still need more time, getting the legal advice of a LTD Lawyer Toronto can help. A long-term disability lawyer can look at the situation, help facilitate your communication so that they can mediate your communication and even take legal recourse to make sure that your employer is not violating their legal obligation to accommodate your disability.
Filing Complaints for Disability Discrimination
Unfortunately, even though they are protected by law some employees will be discriminated or retaliated against by their employers because of their disability. If you believe that you have been unfairly treated (terminated, harassed or not accommodating you whilst in disability) there are legalities that will pursue it. There are many jurisdictions that have disability rights laws by which persons are able to file complaints with appropriate government agencies and human rights commissions.
While it is reasonable to seek advice from a long term disability lawyer prior before filing a complaint since they will walk you through the process and advise you on the best means to carry it out. Legal experts will help you meet the deadlines, to prepare the needed evidence for your case. There is a dire need to take active measures to secure your own rights to avoid further damage and to guarantee your job rights are adhered to while you’re on long-term disability.
Especially when it’s difficult to align health, job, and legal needs, the complexities of long-term disability law can get overwhelming. To keep your job when you are on LTD you have to understand your rights as a disabled, and stay in clear contact with your employer. Working with a LTD Lawyer Toronto, or long term disability lawyer may help supply you with the advocacy you need to ensure that your job rights will be protected and that you will be treated fairly when undergoing the process. If you stay updated and proactive, it is possible to save your health and job in this difficult period.
