HR Home Forums Community long-term-disability-and-gradual-return

Viewing 2 posts - 1 through 2 (of 2 total)
  • Author
    Posts
  • vickyp
    Keymaster
    Post count: 4922
    Forum: Community

    Hello, We have an employee who is on a long term disability. Their rehab specialist informed us recently that our employee is ready for a gradual return to work. We have hired a replacement staff for 6 months to cover for their absence and their contract won\’t end until another 4 months. Can we refuse phased return to work? our organization is a non profit and each positions is funded through different funders. Alternate work and contract overlaps is not easy to handle. Thank you,

    vickyp
    Keymaster
    Post count: 4922

    The short answer is no. Although I’m nothing like an expert on the subject, I do know that the WSIB re-employment and RTW work rules are really strict. On the other hand, those workers comp rules apply only if the injury/illness from which the employee is returning is work-related.
    But even if the workers comp rules apply, gradual RTW might be required as a disability accommodation under human rights laws. At the very minimum, you’d have to perform a functional assessment of the employee’s capabilities and determine whether there are any positions that are suitable for those capabilities–either an existing position or one you could reasonably create. At the same time, the duty to accommodate doesn’t require you to do things that would impose undue hardship. Whether a particular RTW plan is a reasonable accommodation or undue hardship depends on the specific facts and employee’s unique capabilities and situations. One thing that is clear, though, is that the employee must cooperate in the accommodation process, including but not limited to by providing the medical info you need to make the functional assessment.
    I know this doesn’t exactly answer your question but I hope it does provide a framework you can use to answer the question yourself. Feel free to follow up directly at glennd@bongarde.com if I can be of further help. Glenn

Viewing 2 posts - 1 through 2 (of 2 total)
  • You must be logged in to reply to this topic.