Hi everyone, I’m looking for some guidance or similar experiences.
I was working as a Project Coordinator in BC (salary ~$63K, ~5 years of service). In March 2025, I travelled to India for medically necessary treatment. I informed my employer, stayed in regular communication, and provided doctor’s notes and reports.
I initially used my vacation time since medical leave wasn’t offered, and while I was there, I requested an extension due to my condition. Despite this, my employer terminated me on April 12, 2025, stating it was “for cause.”
Their current argument is that I took more vacation than I was entitled to (about 19 days taken vs ~4 days accrued), and they’re using that to justify the termination. However, this was a medical situation and not a regular vacation.
I found a new job about a month later (May 12, 2025), now earning ~$80K.
I filed a complaint with the Ministry of Labour and also explored the Human Rights route. My case is currently at Level 2. The employer is only offering to pay 3 unused sick days and nothing else (no severance, still claiming “cause”).
My questions:
- Does taking more vacation than accrued (in a medical situation with communication and documentation) justify termination for cause in BC?
- Does this situation fall under medical leave / duty to accommodate instead?
- Given I found a new job quickly (and at higher pay), is it still worth pursuing severance or pushing further?
- Has anyone had success at Level 2 or Level 3 in a similar case?
I have documentation of communication and medical records if that helps context.
Would really appreciate any insights or experiences. Thanks in advance!