HR Home Forums Answer for long-term-disability-and-gradual-return

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