Employee Benefits & Disability

Toronto Employment Lawyers on Benefits & Disability Issues

If you are ill or injured and must take an extended period of time away from work as a result you may be worried about how this will impact your employment. Employees who are concerned about how illness, injury, or disability may affect them at work should note that, legally, an employer must accommodate you and cannot fire, discipline, or otherwise take action against you because you may be unable to work. Depending on the terms of your employment agreement, you may also have a variety of options available to you, including short-term disability and long-term disability benefits, which will assist you when you are unable to work.

At Sultan Lawyers in Toronto, our team of employment lawyers regularly advises employees on their options when they are too sick or injured to return to work. We can help ensure you are protected while you recover and will fight for your rights when needed.

Duty to Accommodate

Legally, an employer is subject to the duty to accommodate. Under the duty to accommodate, an employer is required to do whatever is necessary to accommodate an employee’s illness, injury, condition, or disability, to the point of “undue hardship”. Generally, this means the employee cannot be fired unless they can no longer perform the fundamental duties of their own job, or another job that is available in the workplace.

An employer must determine an injured or ill employee’s needs and limitations, determine what barriers may exist to them in their role as a result, and remove those barriers.

Examples of accommodation include:

Modifying work schedules;
Altering duties;
Modifying or providing equipment;
Retraining the employee.

The duty to accommodate also means that, in most cases, an employer must accommodate an employee’s disability or illness related leaves and cannot fire an employee who is on disability or sick leave.

If you are concerned that your employer is not accommodating your illness, disability, or condition, or you have been terminated while away on leave, you should consult with an employment lawyer as soon as possible. There are many steps you can take to protect yourself, including filing a human rights complaint, or suing your employer.

Medical Leave under the Employment Standards Act

Ontario’s Employment Standards Act, which governs most workplaces in Ontario provides employees with various statutorily protected leaves that can assist if you or a family member are ill, and you have to miss work as a result, including personal emergency leave, domestic and sexual violence leave, family medical leave, critical illness leaves, and others. These leaves provide you with unpaid, job-protected time off to be used in the case of personal illness, injury, or medical emergency, or the illness, injury, or medical emergency of a child or other immediate family member.

Disability Leave and Other Benefits

In addition to the various leaves provided by the Employment Standards Act, many employment contracts come with benefit plans that may provide for other leaves including short-term disability leave, long-term disability leave, and others to be used in the event of illness, injury, or other medical emergency.

Sultan Lawyers: Helping Sick, Injured, or Disabled Employees Assert Their Rights in the Workplace

The Toronto employment lawyers at Sultan Lawyers regularly advice employees who require accommodation in the workplace, or who have been terminated due to a disability, chronic condition, or illness. We fight for your rights and ensure you are protected so that you can focus on your recovery and return to work. Contact us online or at 416-214-5111 for a consultation.

Frequently Asked Questions

Do I need a job offer to work in Canada?

Generally, yes. A foreign worker is required to have a valid job offer from a Canadian employer to secure a work permit. However, the exception lies where the foreign national is eligible for an open work permit.

Given that not all temporary foreign workers are eligible for an open work permit, it is more likely that a prospective employer will need to secure a Labour Market Impact Assessment (“LMIA”) with Employment and Social Development Canada for a foreign national’s role in Canada, or alternatively, if the role is LMIA-exempt, the employer will need to submit an Offer of Employment with Immigration, Refugees and Citizenship Canada.

What is considered “low-skilled” work in Canada?

Low-skilled or semi-skilled work generally includes work in the trades, primary and manufacturing industries, sales and services, as well as specific clerical and assistant roles.

Employment and Social Development Canada (“ESDC”) has categorized low-skilled labour for immigration purposes. Low-skilled and semi-skilled workers have been classified into the following two (2) National Occupational Classification (“NOC”) categories:

Skill Type C, which includes occupations that usually require a secondary school and/or occupation-specific training; and
Skill Type D, which includes occupations for which on-the-job training is provided.

What is the Employment Protection for Foreign Nationals Act, 2009?

Ontario’s Employment Protection for Foreign Nationals Act, 2009 (the “EPFNA”) provides key rights and obligations for recruiters, employers, and foreign workers. Specifically, the EPFNA applies to foreign nationals who work or are seeking work in Ontario under a temporary employment program.

The EPFNA describes the following rights and obligations for foreign workers and employers in Ontario:

Prohibits recruiters from charging any fees to foreign nationals in arranging for employment in Canada;
Prohibits employers from recovering or attempting to recover any costs associated with arranging and/or securing employment of a foreign worker in Canada;
Prohibits recruiters and employers from obtaining and/or retaining the foreign worker’s property, including passport and work permit; and
Prohibits the recruiter, employer, or another person acting on their behalf, from intimidating or penalizing the foreign from asserting his/her rights under the Act.

Individuals who have had their rights violated may be entitled to recourse under the EPFNA, in addition to other remedies under the law, such as damages for wrongful dismissal and related severance.

What types of work permits are issued in Canada?

In Canada, there are two types of work permits that are issued – open work permits and employer-specific work permits.

The first type of work permit, an open work permit, essentially allows a foreign national to work for any employer in Canada, subject to some exceptions. Open work permits impose little to no restrictions on foreign nationals, and foreign nationals seeking to switch roles and/or employers are generally eligible to do so under their open work permit if it remains valid.

The second type of work permit issued in Canada, an employer-specific work permit, permits a foreign national to carry out a specific mandate for a specific employer. Foreign nationals holding this type of permit are generally severely restricted with respect to their employment in Canada, including with respect to occupational classification, location, and the employer and generally must obtain a new work permit to commence employment for a different employer in Canada.

Do I require an eTA or Temporary Resident Visa to work in Canada?

The answer depends on the citizenship of the foreign worker.

Some foreign nationals require an eTA or visitor visa to be authorized to travel to Canada. Therefore, foreign workers from eTA or visa-required countries will need this document in addition to the work permit.

A foreign worker who applies for a work permit from outside of Canada (meaning at an embassy or consulate) will be issued an eTA or Temporary Resident Visa at the same time as the work permit.

Are temporary foreign workers entitled to Employment Insurance (EI) Benefits?

Generally, yes. Under the Employment Insurance Act, all “insured” workers may access EI benefits given that they have paid their EI premiums and have satisfied the minimum requirements, including completion of 600 hours of insurable employment. The number of insurable hours required can vary depending upon relevant factors such as regional unemployment rates and program-specific exemptions, such as those relating to COVID-19.

However, a foreign worker may be exempt from EI coverage when they remain covered by an EI program in their originating country while working temporarily in Canada.

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“I want to sincerely thank Sharaf Sultan and his team for their assistance. Right from the beginning, I knew they were extremely knowledgeable and hard working. I also had confidence that Sharaf and his team understood my perspective and that they were prepared to work hard to receive the best result possible. Sharaf and his team were always professional and diligent when providing legal services. He truly went above and beyond my expectations. The whole team provided honest and precise services and they managed to solve any problems that arose during my case. I would definitely work with them again!!”

C. Bell

“Kristine Gorman of Sultan Lawyers was terrific in helping me get a Canadian work visa. Responsive, friendly, but mostly incredibly thorough and efficient, she was a life line for when I needed wise counsel and focused expertise.”

D. Baum, Ph.D., D.Min. Management Consultant

“Sultan Lawyers provided a great experience during a difficult time with my employer. Kristine was extremely thorough and knowledgeable when reviewing and articulating the risks and details of my severance package. I am thankful for Kristine as her expertise enabled and empowered me to confidently make a decision on my options.”

James V.

“I wholeheartedly endorse Sharaf and Alexandra for their employment expertise and their impressive level of client service. Not only was their legal counsel top-notch, but Sharaf helped me navigate the tricky emotional waters related to my matter in a healthy way. He saw the big picture and helped me toward the best possible outcome for me now and into the future. As a lawyer myself, I realised that the smartest thing I could do in my circumstances was to have excellent legal advice, and Sharaf and Alexandra went above my expectations. It was empowering to work with them, and I can't thank Sultan Lawyers enough!”

N. Haras

I had an incredible experience working with the Sultan Lawyers team from start to finish. They were friendly and professional, and made me feel at ease with what I was going through. They provided me with some incredible advice, which resulted in a better outcome than I had expected. They also followed up with me to make sure everything was ok, which was a lovely touch, they really care about their clients. I also felt like the service I received was incredibly affordable, and I would definitely recommend Sultan Lawyers to anyone, without hesitation.

A. Kelly

I had the pleasure of getting advice from Ani to resolve my concerns about an employer enforcing an unreasonably long resignation notice, which could have prevented me from taking another opportunity to grow my professional experience and achieve my goals. Ani was incredibly knowledgeable and helpful throughout the entire process. Her positive attitude and expertise gave me peace of mind, and I couldn't have asked for a better advocate. Highly recommend!

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Sultan Lawyers November 6, 2026