HR Domains (Career GPS): Employee Relations; Occupational Health and Safety; Leadership Development and Organizational Culture; Performance and Rewards; HR Leadership
Both employers and employees have rights and responsibilities that must be complied with when an employee requires a leave of absence due to illness or injury. These rights and responsibilities are established by various sources, including legislation, the common law and employer policies. This session will outline the steps an employer may take, and the obligations an employer may have, when an employee takes sick leave.
New: If you cannot join us in person, now you can view this program through HR Broadcast.
At this session you will:
- Review employee rights to sick leave
- Discuss whether an employee’s medical documentation is sufficient to establish entitlement to sick leave, and the steps an employer may take to receive more detailed documentation
- Receive practical guidance regarding the options employers have for providing short-term and long-term disability insurance
- Discuss the risks of making changes to an employee’s job while he or she is away on sick leave
Malcolm MacKillop, Shields O’Donnell MacKillop LLP
Malcolm has practiced exclusively employment law for over 25 years. He now practices at Shields O’Donnell MacKillop LLP, an employment and labour law boutique. Malcolm represents employers and senior executives in all aspects of employment law including issues involving just cause, fiduciary obligations and human rights. Malcolm was awarded the Queen Elizabeth medal in 2013 for philanthropy abroad by the Governor General of Canada.
Over the last 25 years, Malcolm has been a successful trial lawyer, professional speaker, professor of law, an author of several highly acclaimed legal texts including Creative Solutions, Damage Control and Employment Law Solutions, and also a columnist for the Globe & Mail and the Toronto Star. He has taught at Memorial University, University of Toronto, as well as a third year class at Western Law School and presented at over 300 lawyer and client seminars. He has appeared on both local and national television and radio including: The Fifth Estate; W5; CBC – The National; CBC – The Journal; Pamela Wallin Live; CBC Radio; 680 News among others. Malcolm is a past board member of the National Ballet of Canada and the Toronto Human Resources Professional Association and the National Club.
Malcolm is certified by the Law Society of Upper Canada as a specialist in Civil Litigation and he has been recognized by both Lexpert – The Guide to the Top 500 Lawyers in Canada for 2008, 2009, 2010, 2011, 2012 and 2013 and The Guide to Best Lawyers in Canada as a leading employment law practitioner in 2012. Malcolm was also given the BV rating in 2008 by Martindale – Hubbell which is the maximum Peer Rating a lawyer can achieve indicating high to very high legal ability and the highest ethics.
Hendrik Nieuwland, Shields O’Donnell MacKillop LLP
Hendrik represents employers in all areas of employment and labour law, including wrongful dismissal litigation, employee discipline and termination, employment standards complaints, human rights complaints, labour arbitration, fiduciary litigation, and drafting employment policies and contracts. He has acted or assisted in matters before labour arbitrators, the Ontario Labour Relations Board, the Ontario Human Rights Commission and
Tribunal, the Ontario Superior Court of Justice and the Ontario Court of Appeal.
Hendrik received his LL.B. from Queen’s University, and was called to the Ontario Bar in 2006. He clerked with the judges of the Divisional Court of the Superior Court Justice in 2006-2007 and joined Shields O’Donnell in 2007.
Hendrik is a member of the Law Society of Upper Canada, the Canadian Bar Association, the Ontario Bar Association, the Toronto Lawyers Association, and The Advocates’ Society.