What happens when your sick leave runs out and you are not
Able to rtw. Your employer continues to send FAF to be completed.
Have not heard back from cpd yet. Should you resign from your job ? Why send in an FAF when you are not improving.
I can’t advise for your specific situation, but generally speaking it is never a good idea for someone to resign their employment while on a sick leave. There is really no advantage to resigning, other than taking away the responsibility to communicate with the employer or fill out forms. On the other hand, when a person resigns they potentially lose rights for disability benefits, severance pay, etc.
Employers have an obligation to explore if they can accommodate an employee who is on sick leave. This is why they send the Functional Abilities Forms (FAF). If a doctor puts on the FAF that the disability is permanent and no accommodation is possible, then employers will consider terminating the employee at some point based on the “doctrine of frustration” of employment contract.
David Brannen
Disability Lawyer with Resolute Legal
The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.
but if an employee is not able to go back is a work note sufficient.
The FAF is in presumption the employee has a rtw date. This is not the case. If and when. Can I just send a note as I have been.
Human rights commissions have held that “off work notes” are not sufficient for an employer to know their obligations for accommodation. I can’t advise on your specific situation, but generally you want to use the forms provided by the employer. IN these situations, a person can have their doctor write in the margins that no return to work or accommodations are warranted if that is truly the case.
Thank you for your time.
From what I have been reading resigning has no impact on cpd decision. That was what you wrote in another post?