Illness or injury during maternity leave

Entitlement of employee who goes on disability benefits while on maternity leave

Colin Gibson

Question: One of our employees had a car accident after commencing maternity leave. In addition to her physical injuries, she began suffering from post-partum depression. The employee went on long-term disability for about a year, but her claim has now ended because she has been declared medically fit to return to work. Can we require her to return immediately, or is she entitled to take the remaining portion of her maternity leave?

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