Protection of the employment relationship during an absence
A worker's employment relationship is protected when they have to be absent from work for several weeks:
- for a family-related event
- owing to a non–work-related accident or illness
- for organ or tissue donation
- owing to domestic or sexual violence
- owing to a criminal offence
- to take care of a relative
- owing to an employment injury (work accident or occupational disease)
After an absence, the employer must reinstate the worker in their former position and give them the wages and benefits they would have been entitled to had they remained at work. If their position has been abolished, the worker retains the same rights and privileges they would have been entitled to had they remained at work.
The employer must reinstate a worker who has suffered an employment injury and who is capable of doing their job, an equivalent job or a suitable job in their company, even after the period for exercising their right to return to work has expired.
These provisions must not give the worker a benefit they would not have been entitled to had they remained at work.
The CNESST may offer a worker who has suffered an employment injury job search support services.
If the worker continues to contribute to the various group insurance and pension plans during their absence, the employer must do likewise.