If your employer is not accommodating your disability, you may have legal rights under Ontario law — and your employer cannot simply ignore your limitations or push you out of your job.
In Ontario, employers have a legal duty to accommodate employees with disabilities to the point of undue hardship. This includes modifying duties, adjusting schedules, or allowing time off where necessary. However, many employees experience what is known as a failure to accommodate — where the employer refuses, delays, or inadequately responds to a disability-related need.
Monkhouse Law represents employees only — never employers. We help individuals across Ontario understand their rights and take action when employers fail to properly accommodate a disability. Our lawyers regularly advise employees across Ontario on disability accommodation, wrongful dismissal, and long-term disability matters.
If you are being pressured, disciplined, or facing termination due to your medical condition or absences, it is important to understand your options before taking your next step.
Signs Your Employer May Be Failing to Accommodate Your Disability
You may be experiencing a failure to accommodate if your employer:
- Ignores or dismisses your medical restrictions
- Refuses to adjust your duties or schedule
- Pressures you to return to work before you are medically ready
- Disciplines you for disability-related absences
- Stops communicating or delays decisions about your situation
If any of these apply, it may be important to seek legal advice before your situation escalates.
What Is Failure to Accommodate a Disability?
Failure to accommodate occurs when an employer does not take reasonable steps to adjust the workplace or job requirements to account for an employee’s disability. This is often referred to as a failure to accommodate disability under Ontario law.
This can include:
- Refusing modified duties or reduced hours
- Ignoring medical information or restrictions
- Delaying accommodation without explanation
- Pressuring an employee to return to work too early
- Terminating employment instead of exploring accommodation options
Employers are required to accommodate employees to the point of undue hardship, which is a high legal threshold.
Your Right to Accommodation Under Ontario Law
Under the Ontario Human Rights Code, employees have the right to equal treatment in employment without discrimination based on disability.
This includes both physical and mental health conditions.
Employers must take reasonable steps to accommodate employees unless doing so would cause undue hardship based on factors such as cost or health and safety.
How Long Does an Employer Have to Accommodate a Disability?
There is no fixed timeline for how long an employer must accommodate a disability.
Employers are required to continue accommodating an employee as long as:
- There is a reasonable possibility the employee can return to work
- Accommodation can be provided without undue hardship
The analysis is highly fact-specific and depends on medical evidence, the nature of the job, and the employer’s ability to modify the role.
Disability-Related Absenteeism and Accommodation
Disability-related absenteeism refers to time away from work due to a medical condition.
Employers cannot discipline or terminate an employee for absenteeism without first meeting their duty to accommodate.
This includes considering:
- Medical leave or modified schedules
- Gradual return-to-work plans
- Alternative roles within the organization
Can You Be Terminated for Disability-Related Absenteeism?
In some cases, termination may be lawful — but only after the employer has fulfilled its duty to accommodate.
Employers must show that:
- They made meaningful efforts to accommodate the employee
- No further accommodation is possible without undue hardship
- There is no reasonable prospect of returning to work
If these conditions are not met, the termination may be discriminatory or wrongful. In many cases, these situations also overlap with long-term disability (LTD) claims, especially where an employee is unable to work for an extended period. Understanding both your employment rights and your entitlement to LTD benefits can be critical when responding to a termination or accommodation issue.
How Courts Assess Disability-Related Absenteeism
Courts assess disability-related absenteeism on a case-by-case basis. The following cases illustrate how different lengths of absence and medical evidence have been treated in Ontario:
| CASES | DISABILITY ABSENCE TIMELINE | DECISIONS |
| Ontario Public Service Employees Union (Bartolotta) v. Ontario (Children and Youth Services), 2015 CanLII 19329 (ON GSB) | 25% above institutional average. More than 70 absences per year | It was decided that excessive absenteeism over an extended period of time with proof that it will likely continue is enough for an employer to terminate an employee’s employment. |
| D. v. Linamar Corp 2010 CarswellOnt 3663, 2010 ONSC 3159 | 4 years | Employer is not required to employ the person indefinitely. Irrespective of whether there was disability coverage or not. |
| F. v. UBS Global Asset Management, 2011 ONSC 5448 (CanLII) | 3 and a half years | Held sufficient to frustrate a contract and no wrongful termination. There was no updated medical prognosis or reasonable prospect for being able to return to work, the employee had taken no further steps to provide information to her employer to substantiate her illness, and, according to the insurer, she had not participated in or at least reported on her ongoing medical treatment. |
| C. v. Canac Kitchens, a division of Kohler Canada Co. [2015] O.J. No. 85) | 2 and a half years | Held that this did not frustrate a contract because the doctor’s reports did not clearly claim that he was permanently disabled. |
| N. v. Costco Wholesale Canada Ltd. 2010 ONSC 2651(Ont. S.C.J.) | 5 years | The court found that the employee was wrongfully terminated because the employer had the onus to prove a frustration of contract, rather than on the employee to provide medical evidence of a prognosis. |
| A. v. Great Atlantic & Pacific Co. of Canada [1998] O.J. No. 876) | Disability caused by workplace injury. Hours of work reduced, and employer terminated the contract. | The court held that the employment contract was not frustrated due to Antonacci’s medical condition, where the contract contemplated a lengthy period of absence by an injured employee and provided for sick leave. |
Clearly, these cases tell us that the decisions on the length of absence from work that constitutes a valid reason for termination are case specific and employees have to be mindful of this.
What Happens If You Are Terminated For Disability Related Absenteeism?
As an employee, you need to know that the failure to accommodate your disability to the very point of undue hardship is an infringement of your human rights. Your employer may be required to pay you monetary damages or be subject to other remedial orders, including reinstatement with back pay, if you have been dismissed.
Speak With a Long-Term Disability Lawyer
If your employer is not accommodating your disability, or you are facing discipline or termination due to absenteeism, it is important to understand your rights before making any decisions.
Request a free 30-minute phone consultation or speak with a long-term disability lawyer in Toronto to get advice specific to your situation.