After LTD employer will not communicate with me... now what?

After being on STD / LTD for about a year and a half I am now off LTD and ready to work. My employer has known of my readiness to get back to work since January and had a final date in February provided by my insurance company. My insurance company sent me a letter stating my LTD is now closed , which is fine as I am ready to work. However part of this letter is a payment in lieu of GRTW support as they said my employer advised them they do not have work for me. The same week I got this letter I saw a similar job in my area being advertised. Now I have attempted to get in contact with my HR team and upper management since January. I got only two emails back, one stating there was not a position for me in my area from a Jr. HR member, then the next from a higher HR rep that they would review my file and get back to me as of a certain date. That date was three weeks ago and still not one update or even an email explaining they need more time. I have been with my employer for over ten years and feel they are unorganized and this may be due to change of personnel / incompetence. Should I give them more time, make a complaint to human rights or call an employment lawyer? I haven’t been terminated but I am also no getting a salary or support payment.

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Don’t you need to do a gradual return to work program before you can actually go back to work? I thought that’s the case.

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Nope, whatever the doctor thinks is fine.
It seems easier to do a RTW than it is to get LTD. :slight_smile:

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I would ask a lawyer.

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It doesn’t make sense. All my case managers offered me a gradual return to work program or a program of their choice to get ready to go back to work. And only then my doctor could approve it or not. But not the other way.

I don’t understand how can they just close the case without making sure that the person goes back to work and is able to stay there? Especially if he/she’s been on a leave for 1,5 years. After such a long time it is difficult mentally to just go back and work full time with the regular work load. Normally you just start with, for example, 3 hours a day for a week and increase gradually.

It’s not ethical at all.

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This sounds like a complicated situation. Your previous postings describe that you worked for your employer for 10 years in another province and then moved while on LTD to be close to your family where you could receive better support. You said your hope was that your nation-wide employer would offer you a position close to your new home when you were ready to return to work.

I’m not sure that people on the forum can give you good advice on this topic as there are many facts that must be looked at. I think you need some professional advice. Hey, I forgot to start with - congratulations on your recovery! I am really inspired. I think you are a wise person who made a very good decision to move. I hope things will continue to work out for you as support from your family is very important. Best wishes.

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As others have suggested, you should get confidential legal advice as your situation is complex. Don’t put a lot of details on here because this is a public forum.


David Brannen

Disability Lawyer with Resolute Legal

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