Employer and Employee Obligations Regarding Disability Benefits

November 8th, 2013 by

In this video, Toronto employment lawyer Meghan Ferguson is speaking about disability benefits at the Devry Smith Frank LLP exclusive human resource seminar at the Toronto Don Valley Hotels and Suites this fall.

Meghan Ferguson is an established employment lawyer at Devry Smith Frank LLP.

There are short term disability benefits that the employer provides, such as sick days, which are self-insured by an employer and can also include short term disabilities that may go on for 90 days, which are sometimes fully funded by the employer and other times, the employer looks to an insurance company to provide short term benefits. Long-term disability can be self-insured, but you can also be paying premiums to an insurance company and have it as an insured plan. If you are a federally-regulated employer, coming next year, the federal government has essentially said that if you do a self-insured plan, like banks, you will have to fund your plans and some of the provinces in Canada are talking about whether or not they will allow employers to do self-insured plans.

Meghan cautions any employer telling employees what the qualifications are for Employment Insurance, as an employer who gives misinformation can wind up on the hook for paying EI benefits.

Why does this all matter? Liability and obligations. As an employer, you are much more responsible when you are self-insuring disability benefits, but an employer will always be on the hook for any issue regarding human rights.

Where should obligations exist? A lot of employers do not have employment contracts and a lot of employment contracts do not incorporate a benefit plan, but it is paramount. The employee needs to know what is going to govern them in the event of disability and where they will look to for their obligations in the benefit plan itself.

Watch the video to learn more about disability benefits in Ontario.

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For further information or assistance in regards to disability benefits or other matters regarding employment law, please contact one of our Toronto employment lawyers or contact Meghan Ferguson.


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