Year: 2025
Responding to Medical Leave and Accommodation Requests
We often see employers struggling with the limited information some doctors notes provide when an employee is absent. This article provides information on what employers are entitled to (and not).
At e2r™, we regularly find ourselves speaking with clients about what to do when their employee submits a note from their physician seeking a medical leave of absence.
Often, the note provided by the employee will say something akin to “needs to be off work for medical reasons”. Understandably, the lack of detail concerning the nature of, or justification for, the leave of absence can be both confusing and frustrating for employers who need to understand how they are going to fill the labour gap left by the employee and, often more importantly, how long they should expect to do so.
Caution: Canadian Contractors May Actually Be Employees
We regularly caution employers about the risks associated with Independent Contractors, that could create issues at termination (and other times). Specifically the risk of enrolling them in employee benefit plans (which we do not allow), that can be one more nail in the coffin of them being deemed employees or even Personal Service businesses (PSB’s).
The article below provides a bit more detail of yet another case where an employer is forced (by the courts) to pay severance on termiantion.
Many organizations mistakenly believe that engaging a worker as an “independent contractor” or allowing them to file taxes as a contractor insulates them from employment law claims…
Record of Employment Form: A Primer
All Employers have to complete Record Of Employment (ROE) forms when an employees earnings are interrupted. The following is a great reminder of the importance of these forms and coding them correctly. This comes from e2r® | 70 The Esplanade Suite 401 Suite 401 | Toronto, ON M5E 1R2 CA
The Record of Employment (“ROE”) form provides information on employment history and is considered the single most important document used by employees in the Employment Insurance (“EI”) program. Service Canada uses the information on the ROE to determine whether a person is eligible to receive EI benefits, what the benefit amount will be, for how long the benefits will be paid and to ensure that no one misuses EI funds or receives benefits in error.
According to Service Canada, each year, more than 1 million Canadian employers fill out more than 9 million ROE forms for their employees. However, many employers still make errors when completing the ROE.
When do I issue the ROE?
Employers are required to issue an ROE each time an employee experiences an interruption of earnings. An interruption of earnings occurs when an employee has had or is anticipated to have 7 consecutive calendar days with no work and no insurable earnings from the employer or when an employee’s salary falls below 60% of regular weekly earnings and the separation of their employment is for a particular reason (such as illness, pregnancy/parental leave, compassionate care leave, etc.). You do not have to issue an ROE every time a part-time, on-call, or casual worker experiences an interruption of earnings of 7 days or more.
Employers are required to issue the ROE regardless of whether the employee intends to file a claim for EI benefits.
Note there are other special circumstances when employers may be required to issue an ROE, such as when the pay period type changes.
Deadlines for issuing an ROE
Deadlines are different depending on whether you issue the ROE on paper or electronically. It is important that employers strictly adhere to these deadlines. Courts have awarded punitive damages in cases where the employer issued the ROE well past the deadline.
Reason for issuing the ROE
Service Canada has assigned codes to the most common reasons for issuing an ROE. Employers are required to enter the code that best corresponds to the reason the ROE is being issued. It is a serious offence to misrepresent the reason for issuing an ROE. If an employer knowingly enters a false or misleading reason for issuing an ROE, they may be subject to fines or prosecution.
That being said, it is very common for employers to unknowingly use the wrong code. For example, Code A – Shortage of work is often used incorrectly when Code M – Dismissal is the proper code.
Should I add a comment?
The short answer is “no” unless absolutely necessary.
Service Canada has automated the way they process ROEs. When you include a comment, the ROE is removed from the automated processing system and a Service Canada officer has to review it manually. This review slows the process down, and sometimes requires the officer to call you for clarification. For this reason, you should only enter comments in exceptional circumstances. Do not include comments that only confirm information you have already entered on the form.
The ROE is likely the form employers are completing most often for their employees. It is important to get it right!
If you would like to discuss any of the above with regard to your business in greater detail, we recommend reaching out to speak to an e2r™ Advisor.
Commonly Under-Declared Medical Conditions When Buying Travel Insurance
I received this information from CompareHealth, on pre-existing travel coverage, and thought it a great piece to share with clients and prospects in order to better understand travel insurance. I’ve left their contact info below should you wish to reach out for personal health coverage for people around you that are not covered by employee benefit plans.
This is written for INDIVIDUAL or PERSONAL health coverage wordings, but much of it is similar to group plans when it comes to pre-existing conditions. Employee benefit travel coverage often contains pre-existing travel conditions that state your health MUST be stable for your coverage to be in full force. A unstable condition is often one that has changed in the 60 to 90 days prior to your departure. If deemed unstable, your coverage could be VOID, or at least any complications around that condition would be excluded. Always refer to your plans travel coverage for details and limitations.
https://mailchi.mp/74166e16dcb2/new-health-dental-plans-for-pre-existing-conditions-19879450?
When planning a holiday, most of us dream about sun-soaked beaches, exciting excursions, and evening meals by the sea, not buying travel insurance. But if you have a pre-existing medical condition, ensuring your travel insurance reflects your true health status is essential in protecting your health, finances, and peace of mind while you’re away.
At Clear Compare, we understand that talking about your health can feel uncomfortable or even intrusive. But transparency with your travel insurance provider is not only important – it’s vital.
In this month’s article, we’ll walk you through some of the most commonly under-declared medical conditions, why they’re sometimes left off applications, what the risks are if you don’t disclose them, and how easy it actually is to get covered properly.
Commonly Under-Declared Medical Conditions
Some medical conditions are far more likely to be left undeclared than others. This often happens because:
-
The condition is seen as minor or well-managed
-
The person feels embarrassed to talk about it
-
They simply don’t realise it needs to be declared
-
They’re worried about paying more for cover
Let’s break down the conditions that are most commonly forgotten or left off travel insurance applications.
Long-Term Conditions That Feel Like “Normal Life”
When you’ve been managing a condition for years, it’s easy to overlook it as just part of daily life. But “controlled” doesn’t mean it doesn’t matter.
High Blood Pressure
High blood pressure (hypertension) is one of the most common chronic conditions, and one of the most frequently under-declared. Even when it’s well-managed with medication, it increases your risk of complications such as stroke, dizziness, or heart issues—any of which could derail your trip if not covered.
Diabetes
Whether you have Type 1 or Type 2 diabetes, this condition must be declared. Travel, changes in diet, and physical activity can all impact blood sugar levels. If you experience a hypo or diabetic emergency abroad, medical treatment could be costly without the right coverage.
Conditions People Don’t Realise Need Declaring
Many people simply don’t know that some “milder” or more manageable conditions still need to be declared. Some examples include:
Allergies
From nut and shellfish allergies to bee stings or hay fever, allergic reactions can quickly become medical emergencies. If you carry an EpiPen or have had reactions in the past, insurers need to know—even if your symptoms are usually mild.
IBS (Irritable Bowel Syndrome)
Often dismissed as a “nuisance” rather than a medical concern, IBS can cause serious disruption when travelling. Triggers like unfamiliar food, stress, or changes in routine can lead to flare-ups. Declaring IBS ensures you’re covered if symptoms worsen and require medical help abroad.
Sensitive or Personal Health Concerns
Certain conditions carry stigma or are highly personal, making people hesitant to disclose them. But insurers aren’t there to judge—they’re there to help when you need it most. Being fully transparent ensures you receive the protection you need while abroad.
Mental Health Conditions
Conditions such as anxiety, depression, PTSD, bipolar disorder, and others can feel deeply personal, yet it’s crucial to acknowledge them. These conditions are not only increasingly common but can also be exacerbated by the stresses of travel, jet lag, or unfamiliar environments.
Short-Term or Recent Illnesses
Short-term or seemingly minor health issues are just as important to disclose, especially if you needed medical assistance to help treat the sickness. Examples include:
Colds and Flu
If you’ve recently visited a doctor for flu symptoms, it may seem minor. But complications such as bronchitis or pneumonia can develop while travelling and lead to denied claims if your insurer wasn’t informed.
Shingles
Shingles can often be managed at home with proper care and treatment. However, if you went to see your GP to discuss treatment, then you must ensure that you disclose the condition.
Failing to disclose such conditions could lead to complications with your cover, especially if you experience an unexpected flare-up or related health issue while travelling.
Why Honest Declaration Matters
Being transparent about your medical history helps ensure:
-
You’re Properly Protected: Emergencies happen. Accurate disclosure ensures that your insurance covers treatment, medication, repatriation, and more if needed.
-
Peace of Mind: No second-guessing. No worrying whether your policy will hold up if something happens abroad.
-
Valid Claims: With a fully declared policy, your insurer is far more likely to approve claims without dispute or delay.
How to Declare Pre-Existing Medical Conditions
Declaring your conditions is usually quick, straightforward, and fully confidential. Here’s how to do it:
-
Know Your Medical History: Keep a list of your current diagnoses, any long-term conditions, medications you take, and recent hospital visits or treatments. While we will not need to know the specific medication names, we will need to know what conditions these were/are prescribed for.
-
Answer Questions Honestly: It might be tempting to downplay a condition, in the hopes of saving a few dollars on your policy premium. If you need medical treatment abroad and haven’t declared a relevant condition, your claim could be denied, leaving you with thousands in out-of-pocket expenses.
-
Medical Screening Tools: At Clear Compare, we use a Medical Screening Tool that can help you to easily declare your medical conditions. For each condition, you will be asked some questions to help determine the severity of your condition, ensuring that it is declared accurately and correctly.
-
Ask if You’re Unsure: Not sure whether a condition counts? Don’t guess—our experienced insurance advisors are always available to help clarify.
Frequently Asked Questions
What is a pre-existing medical condition?
“Pre-existing” refers to any medical condition for which medical advice, diagnosis, care, or treatment was recommended or received before applying for a travel insurance policy. For some conditions, we need to know if they have ever been present; for others, we need to know if they occurred within a certain period.
What pre-existing medical conditions do I need to disclose to you?
We’ll ask you a series of questions about your medical history and any travellers on your quote. If you answer yes to any of these, you’ll need to provide more information about that condition. This could be a condition that a traveller has now or has had in the past. This helps us determine what you need to disclose.
Why do I need cover for pre-existing medical conditions?
Medical expenses abroad and repatriation can be very expensive. Having travel insurance that includes cover for existing medical conditions is the best way to ensure you are protected from financial loss in the event of having to cancel the holiday or receive emergency medical treatment abroad.
Do I HAVE to declare my medical conditions?
Yes. It’s important to declare any past or present medical conditions. Failing to do so could invalidate your travel insurance policy and you may not be covered in the event of a claim.
Can I exclude my pre-existing medical conditions from the cover?
No, we are unable to provide cover that excludes any of your pre-existing medical conditions.
Have questions? Please email info@clearcompare.ca or call us at 416-814-5591.
Kind regards,
Clear Compare Advisor Team
ClearCompare.ca
Ontario Small Claims Court could take on more “employment lay cases”
Starting October 1, 2025, Ontario’s Small Claims Court (SCC) will increase its monetary limit from $35,000 to $50,000. This change means that claims—including those for wrongful dismissal—where the amount sought is $50,000 or less can now be filed in the SCC rather than the Superior Court of Justice.
How the Process Might Work in Wrongful Dismissal Cases:
-
Eligibility: If an employee’s wrongful dismissal claim (including damages for pay in lieu of notice, severance, and potentially related benefits) is $50,000 or less, it can be filed in the SCC.
-
Streamlined Procedures: The SCC offers simplified and user-friendly procedures compared to the Superior Court. This typically results in lower legal fees, reduced administrative costs, and faster resolution times.
-
Self-Representation: Many litigants represent themselves in SCC, and paralegals are permitted to assist, making the process more accessible and cost-effective for both employees and employers.
-
Types of Claims: Wrongful dismissal claims often include unpaid wages, termination pay, and damages for failure to provide reasonable notice, all of which are eligible if the total claim does not exceed $50,000.
-
Filing and Resolution: Claims are initiated by filing a Plaintiff’s Claim form with the SCC. The defendant (employer) files a Defence. The process involves mandatory settlement conferences, and if unresolved, proceeds to trial. The SCC’s streamlined process is designed to resolve disputes more quickly than the Superior Court.
-
Enforcement: Once a judgment is obtained, enforcement mechanisms—such as garnishment or examination in aid of execution—are available, though some delays in enforcement have been reported due to court backlogs.
Strategic Considerations:
-
Limitation Periods: Most wrongful dismissal claims must be filed within two years of the date of dismissal. If the claim is close to the limitation period, it is important not to delay filing in anticipation of the new limit.
-
Amending Claims: If a claim is filed before October 1, 2025, for less than $35,000, it may be possible to amend and increase the amount claimed up to the new $50,000 limit once the change takes effect, subject to court approval and procedural rules.
-
Superior Court vs. SCC: Claims exceeding $50,000 must still be filed in the Superior Court of Justice, which involves more complex procedures and higher costs.
Summary Table: Wrongful Dismissal Claims—Superior Court vs. Small Claims Court
| Feature | Small Claims Court (SCC) | Superior Court of Justice |
|---|---|---|
| Monetary Limit | Up to $50,000 (from Oct 1, 2025) | Over $50,000 |
| Procedures | Simplified, user-friendly | Formal, complex |
| Representation | Self-rep or paralegal permitted | Typically requires a lawyer |
| Costs | Lower legal and admin fees | Higher legal and admin fees |
| Typical Timelines | Faster (but may face backlogs) | Slower, more complex |
| Types of Claims | Wrongful dismissal, contract, etc. | All civil claims |
Your guide to the Ontario Employment Standards Act (Apr. 2025 update)
Ontario has updated their guide to help employers better understand the upcoming changes to the Employment Standards Act.
This guide provides information and dates for areas such as;
Placement of a child leave (adoption or surrogacy)
Long-term illness leave
New rules about employment information
Rules and exemptions for job postings
Medical notes and sick leave
ESA maximum fines
Definition of employee
Deductions from wages
Payment of wages — direct deposit
Vacation pay agreements
Tips or other gratuities — methods of payment
Tips sharing policy
Some of these changes only affect firms with 25 or more staff, but could be implemented earlier (such as job postings) to be on the same level as the employers over 25.
See the guide here: https://www.ontario.ca/document/your-guide-employment-standards-act-0/recent-changes