Questions and answers about my return to work
Can my employer fire me or punish me because I had a work-related accident?
No. An employer can’t fire you, suspend you, move you or take reprisals against you because you had a work-related accident or because you’ve contracted an occupational disease. If an employer takes any measures against you, then:
- If you’re not unionized, you can file a complaint with the CNESST within 30 days of the sanction or measure you’re complaining about;
- If you’re unionized, then at your option you can either use the grievance procedure provided for in the enterprise’s collective agreement or file a complaint with the CNESST within the same 30 days.
What are my rights once I can return to work?
You have the right to resume your job or hold an equivalent job with the same employer once you can do so. You keep the same salary, seniority and all the benefits to which you would have been entitled if you had not been absent from your job. Your return to work must take place within the time limit prescribed by law and you can exercise that right on condition that your employment contract has not expired.
What’s involved in rehabilitation?
Rehabilitation is intended to facilitate your return to work following a work-related accident or disease. If because of the consequences of your accident you can't resume your job, a counselor in your local CNESST office will assess your situation. For example, the counselor would help you to determine what other kind of work you could do.