hummer5963 wrote: ↑Apr 22nd, 2012 2:59 pmHello
I have been on ei sick benefits since February do to stress and depression. My benefits are scheduled to run out on May 5th and my doctor and counsellor have both said I absolutely should not go back to the same job and company. When I had my emotional crash back in February, my doctor said, I was done at work for at least three months, maybe more and that I was in high risk of a physical crash. I took the doctor's note into my work and my boss said there's no way they can let me have 3 months off, they would give me 3 weeks and if that didn't work, they would have to let me go. This only added to the stress and depression....I could barely tell up from down at the time and now I had to make a decision to return or not in three weeks. Two weeks in....I saw my doctor and he said...there's no way I could return. I informed my work that I'm sorry but I can't make in 3 weeks and that I was taking the doctors advice and the time to get well. I received an email from my boss saying he was sorry that I was going through this but understood. I assumed that he was following through with replacement. So I asked for my two weeks severance. He then said, oh that three weeks was only a "see where I'm at" date, and then asked me if I was formally resigning...in which I replied no. In an email shortly after that conversation, he said that he said my leaving for sickness, had let him down and he felt resentment towards me......didn't help my stress. Since then he has had very little contact with me and I have not officially resigned.
I received a letter from Revenue Canada saying my sick benefits were coming to an end...I called and explained that my doctor is insisting that I do not return to work and not return to the same type of work. The rep. said to call back on May 4th and I will have to answer some questions for my sickness ei to be converted to regular e.i.
I want to make sure that I have everything I need to insure that there is an easy transition. Also with not returning to the same job field....it doesn't leave me many options....I'm 56, no college and have been in the entertainment industry for 36 years. So my options are limited.
So my questions are
Should I formally resign? Which is exactly what my boss wants so he doesn't have to pay my severance.
Would I possibly be eligible for retraining?
Any help would be appreciated. Thank you in advance. Sorry for the long winded explanation.
1) Unfortunately, when you are unable to work due to health reasons, the onus of the loss of employment is on you. Therefore, the employer would not have to pay severance pay since you weren't being dismissed per se.
2) Your sickness claim is running out. The only way to keep receiving payment is to convert your claim to regular benefits. In cases like yours, there are two issues SC agents will focus: a) whether you have just cause quitting a job and b) your availability for work.
You absolutely have just cause since your doctor recommends you not to return to the same employer. The issue then is your availability. Can you work (in other field) where you're mentally capable of working, and are you actively looking for work? If the answer is yes to both questions, then your availability will be allowed.