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Yes, but only after demonstrating you've accommodated the employee to the point of undue hardship and their illness prevents them from performing essential job duties even with accommodation. You must follow proper notice periods under the Canada Labour Code or provincial employment standards, and ensure the dismissal isn't discriminatory under human rights legislation. Documentation of accommodation efforts and medical evidence supporting the inability to return to work is essential.

Notice periods depend on whether you're federally regulated (Canada Labour Code) or provincially regulated, plus the employee's length of service. Federally regulated employees typically require 2-8 weeks notice depending on tenure. However, employees on long-term sick leave may already be receiving benefits that could affect notice calculations, and you may need to provide pay in lieu of notice if immediate termination is necessary.

Failure to accommodate can result in human rights complaints, wrongful dismissal lawsuits, and significant financial penalties. You could face reinstatement orders, compensation for lost wages, damages for injury to dignity, and legal costs. Canadian courts and human rights tribunals take accommodation duties seriously, and inadequate documentation of accommodation efforts can lead to substantial liability.

Long-term sickness dismissals require proof of accommodation efforts, medical documentation, and compliance with human rights legislation - not just employment standards. Unlike regular terminations, you must demonstrate the employee cannot perform essential job functions even with reasonable accommodation. The process involves medical assessments, accommodation planning, and careful documentation that regular terminations don't require.

There's no fixed timeline as accommodation is assessed case-by-case, but the process typically takes several months to over a year. You must allow reasonable time for medical treatment, recovery, and trying various accommodations. Courts expect employers to be patient and creative in accommodation efforts, and rushing the process can lead to successful human rights complaints or wrongful dismissal claims.

You cannot dismiss an employee simply because they're on short-term disability - this would likely constitute discrimination. You must wait until medical evidence shows the employee cannot return to work in the foreseeable future, even with accommodation. Many employers wait until short-term benefits are exhausted and long-term disability is either approved or denied before considering dismissal.

You can request medical information necessary to assess the employee's ability to perform essential job functions and potential accommodations, but not detailed diagnoses or treatment information. Typically, you need prognosis, functional limitations, expected return-to-work timeline, and accommodation recommendations. The medical professional should focus on work-related capabilities rather than specific medical conditions, and employee consent is required for medical examinations.