View Full Version : Anyone have experience in business law
5.4MarkVIII
04-23-2018, 08:42 AM
Anyone know if an employer has a right to know why an employee left work giving “emergency” as their reason?
Armen
04-23-2018, 08:58 AM
https://www.ontario.ca/document/your-guide-employment-standards-act-0/personal-emergency-leave
An employer may require an employee to provide evidence “reasonable in the circumstances” that they are eligible for personal emergency leave. However, employers cannot require employees to provide a medical note from a physician, registered nurse or psychologist (see discussion below).
What will be reasonable in the circumstances will depend on all of the facts of the situation, such as the duration of the leave, whether there is a pattern of absences, whether any evidence is available and the cost of the evidence. For example, if an employee takes the leave because of the death of a person included in the group of family members covered by personal emergency leave, it would be reasonable for an employer to request a copy of an obituary or a death certificate.
The prohibition in the ESA against requiring a note from a physician, registered nurse or psychologist applies only with respect to providing evidence that the employee is entitled to personal emergency leave. There may be some situations outside of the scope of personal emergency leave where an employer may need medical documentation in order to, for example, accommodate an employee, satisfy return to work obligations. The ESA does not prohibit employers from requiring a note for these sorts of other purposes.
5.4MarkVIII
04-23-2018, 09:07 AM
Thanks. I was reading threw that.
My issue was he was in charge of the store. As is in his job description
And just locked up and left. Early no call to us, no note on the door for customers.
Just a note on the desk when we can in this am saying he had to leave due to an emergency.
And no other info. No call or text over the weekend and not a word from him so far today. (He had today booked off)
Laffs
04-23-2018, 09:14 AM
You are within your rights to request a reason for his departure. Further to that with respect to notice:
"Generally, an employee must inform the employer before starting the leave that he or she will be taking a personal emergency leave of absence.
If an employee has to begin the leave before notifying the employer, the employee must inform the employer as soon as possible after starting it. Notice does not have to be given in writing. Oral notice is sufficient.
While an employee is required to tell the employer in advance before starting a leave (or, if this is not feasible, as soon as possible after starting the leave), the employee will not lose the right to take the leave if they fail to do so."
Where we are this would be grounds for a verbal warning documented in his file. Our employee handbook states employees who leave early must inform their supervisor as soon as reasonably possible. Leaving a note wouldn't cut it unless he had reasonable belief you would be in the store to find it within a short period of his leaving.
92redragtop
04-23-2018, 09:55 AM
Thanks. I was reading threw that.
My issue was he was in charge of the store. As is in his job description
And just locked up and left. Early no call to us, no note on the door for customers.
Just a note on the desk when we can in this am saying he had to leave due to an emergency.
And no other info. No call or text over the weekend and not a word from him so far today. (He had today booked off)
That's messed up to lock up and leave without even trying to call you about having to interrupt business operations so you can put other plans in place. The responses here appear to cover the question asked.
Intmdtr
04-23-2018, 02:58 PM
Sounds like someone headed to Vegas for a bachelor party and wanted to get started early.
5.4MarkVIII
04-23-2018, 04:02 PM
thanks for the input guys. he finally got back to me before lunch.
his mom had an attack of some sort so totally legit reason for leaving but I just wish he had of called instead of just leaving a note on the desk
Harbinger
04-23-2018, 09:12 PM
thanks for the input guys. he finally got back to me before lunch.
his mom had an attack of some sort so totally legit reason for leaving but I just wish he had of called instead of just leaving a note on the deskAt least he secured the workplace, locked it properly before bolting.
Sent from my SAMSUNG-SM-G891A using Tapatalk
Faced with that kind of an emergency can understand how it happened.
Darkhorse
04-24-2018, 08:07 AM
thanks for the input guys. he finally got back to me before lunch.
his mom had an attack of some sort so totally legit reason for leaving but I just wish he had of called instead of just leaving a note on the desk
Not everyone responds the same in a crisis situation.
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