Does my employer have to continue my health benefits during the notice period in Ontario?
Generally, yes. During the notice period, whether it is actually worked or paid in lieu, an employer is typically expected to maintain your benefits, such as health and dental coverage, as though the employment had continued, because wrongful dismissal damages are meant to replace the full value of what you lost during that period, not just base wages on their own.
If an employer cuts off benefits immediately upon termination rather than continuing them through the notice period, the value of that lost coverage - including any costs you incur replacing it, or a loss you suffer from an uninsured event during that gap - can become part of the damages claimed in a wrongful dismissal claim. As with other notice-period entitlements, a valid, clearly drafted contract term can sometimes limit this, similar to how a termination clause can limit notice more generally, so the specific benefits plan documents and employment contract need to be reviewed to confirm exactly what should have continued in a given situation.
Key takeaways
- Employee benefits are generally expected to continue through the notice period, not just base pay.
- Cutting off benefits immediately can add to the value of a wrongful dismissal claim.
- Losses from a gap in coverage during that period can become part of the damages.
- Contract wording can sometimes limit this, so the specific documents need review.