Accommodating a disability at a small employer

Our question pertains to an employee who has worked for the company for more than two years and has been off on stress leave since the fall
By Tim Mitchell
|Canadian Employment Law Today

Question:

Our question pertains to an employee who has worked for the company for more than two years and has been off on stress leave since the fall. The employee has supplied a doctor’s note every 30 days and, due to the fact our company has no benefit plan, she is collecting employment insurance.

We have contacted the labour board, made inquiries and have been informed of the various types of leaves. Basically our circumstances would permit us to terminate this employee. However, I was told the employee might be protected under human rights legislation. This seems to be somewhat of a grey area. But when contacting the human rights commission I could not obtain a definitive answer. As a small firm we do need to hire another person to perform essential services to our business.