IBM worker’s disability claim doesn’t compute

Worker vacation on a weekly basis when depression affected his work
|Canadian Employment Law Today

This instalment of You Make the Call features an employee who claimed he was terminated while on medical leave.

Stephen Leach was a disaster recovery analyst for IBM in Toronto who was unhappy. He felt his work wasn’t challenging and often left him with down time. He tried to find another job at IBM but was unsuccessful, so he told his supervisor he was interested in leaving IBM for another opportunity he was working on with a friend. His supervisor offered to help Leach find another job at IBM but Leach declined.

On April 6, 2001, Leach took a vacation day. He later e-mailed to say he would be taking the next week off and didn’t know when he would be back. Though against normal vacation procedure, his supervisor accepted it.