1E9Ct5D

The types of leave, time frames for noticeand responsibilities of the employer vary byprovince. Generally, employers are notrequired to pay wages during a leave ofabsence. However, employers are requiredto reinstate the employee to his or herformer position (or, if it is not available, to acomparable position) with the same salaryand benefits, at the end of the leave.Employers may be required to continue tomake contributions to certain benefits plansduring the leave.To minimize the risk of a human rightscomplaint, employers should ensure thatemployees on different types of leave aretreated similarly, regardless of the reasonfor their leave of absence.In the unionized environment, collectiveagreements may address leaves of absenceand set out additional employeeentitlements and employer responsibilities.Accommodating the disabled employeeEmployees who are temporarily orpermanently disabled may requireworkplace accommodations. Employers arerequired under human rights legislation toaccommodate employees to the point ofundue hardship.Employees requiring accommodation havea duty to self-identify, to requestaccommodation and to cooperate in theaccommodation process.In most cases, the employer can requireproof of disability and an abilitiesassessment from the employee to ease theaccommodation process.Dealing with workplace violence andharassmentOccupational health and safety legislationgenerally provides a requirement thatemployers provide a safe work environment.Employers should ensure they havecomplied with any statutory requirementsregarding workplace programs or policies toaddress harassment and violence; shouldaddress any problems or accusations thatarise immediately, through a full andimpartial investigation; and should takeproactive steps to ensure a workplaceculture of respect, including enacting aRespectful Workplace policy.Ending the Employment RelationshipMandatory retirementMandatory retirement policies may beconsidered invalid and unenforceable underAtlantic Canada's provincial human rightslaws unless the policy falls under anexception in the legislation. For example,mandatory retirement may be allowed if agecould be established to constitute a bonafide occupational requirement foremployees, or if there is a bona fide pensionplan that is adopted in good faith by anemployer and not for the purpose ofavoiding human rights protections.Terminations for causeGenerally, employees can be summarilydismissed without notice if just cause fortermination exists. Just cause takes intoaccount not only the actions of theemployee, but the seriousness of thebehaviour, its impact on the workplace, theculture of the workplace, whether theEmployment and Labour Law 105