Can I Lose My Job If I Take Time Off Due to a Car Accident in Ontario?

After a car accident, one of the biggest worries many Ontario workers have is whether they'll still have a job when they're ready to return to work. The good news is that Ontario law provides strong protections for employees who need time off due to accident-related injuries.

You're Protected Under Ontario Law

In most cases, you cannot lose your job simply for taking time off after a car accident. Ontario's Employment Standards Act (ESA) gives employees the right to take sick leave when they're unable to work due to illness or injury, including injuries from motor vehicle accidents.

Under the ESA, you're entitled to:

• Up to 3 unpaid sick days per year without needing a doctor's note.
• Protection from termination or punishment for taking legitimate sick leave.
• Job-protected leave of up to 27 weeks if you have worked for your employer for at least 13 consecutive weeks and have a serious medical condition requiring extended time off.

What You Need for Extended Leave

If you need more than a few sick days, here's what you should know:

A doctor's note is usually enough to secure your leave. Your physician can provide documentation stating you're unable to work due to your injuries without revealing specific medical details.

You don't have to disclose your exact injuries to your employer. You have privacy rights regarding your medical information. A general statement from your doctor that you're unable to work due to accident-related injuries is typically sufficient.

Your job and benefits are protected during legitimate medical leave. Your employer cannot terminate you, and in many cases, your benefits continue during your absence (though this can vary by company policy).

When Your Job Might Be at Risk

While you're generally protected, there are some situations where employment issues could arise:

Legitimate reasons for termination that aren't related to your accident can still apply, such as poor performance that existed before the accident or company-wide layoffs. However, if you're fired shortly after reporting an accident, this raises red flags about whether the termination was actually related to your injury.

Extended absences can be more complicated. If you need months off work, your employer must try to accommodate you, but they're not required to hold your position indefinitely if it causes "undue hardship" to the business.

Protecting Yourself

To safeguard your employment after an accident:

Stay in communication with your employer. Let them know about your accident promptly and keep them updated on your recovery timeline.

Get medical documentation to support your need for time off. This helps show your absence is legitimate and medically necessary.

Be open to accommodations like modified duties or a gradual return to work if your doctor approves.

Know your benefits - check if you have disability coverage through work or if you're eligible for accident benefits through Ontario's auto insurance system.

For example, Holly[1], an emergency department nurse who sustained a mild traumatic brain injury in a motor vehicle accident, was able to return to work gradually with accommodations. Before the accident, she was working four 12-hour shifts per week as an emergency department nurse. After the accident, Holly requested accommodations from her employer. She was able to make a gradual return to work, at a reduced capacity. She worked fewer shifts per week, had less physically demanding tasks, and due to her cognitive impairments, she had additional support from staff who were able to monitor her work.

When to Get Legal Help

Contact an employment lawyer if your employer:

• Threatens to fire you because of your accident-related absence
• Refuses to accommodate your injury-related needs
• Treats you differently after your accident
• Terminates you shortly after you report being in an accident

The Bottom Line

Ontario employees have solid legal protections when they need time off due to car accident injuries. While every situation is different, you generally don't need to worry about losing your job simply because you were hurt in an accident and need time to recover.

If you're facing pressure from your employer or concerns about your job security after a car accident, consider speaking with an employment lawyer who can review your specific situation and help protect your rights. If you don't know an employment lawyer, we can connect you with a few qualified professionals in your area.

Seriously injured in a car accident? Contact Campisi Personal Injury to protect yourself. Time limits apply to personal injury claims, and we can help ensure you get the compensation you deserve while protecting your employment rights.

This post provides general information about Ontario employment law and should not be considered legal advice. For guidance specific to your situation, consult with a qualified employment lawyer.

[1] Client name change for privacy reasons.