Ask the ExpertModified duty and available work – QC
Seiko Harada asked 4 months ago

Hello, my employee in QC has been on modified duty for about 10 months now. He is able to do light tasks; however, his original position involves a lot of physical work. To date, we have been accommodating to his needs and now we have run out of work for him to perform. 
I have confirmed with a legal team that it is fine to have him not to come to work when no work is available. Do you know if we are to give some days notice or is there anything we need to be aware of?
Thanks again in advance, 

1 Answers
Glenn Demby Staff answered 4 months ago

If the employee is in a union, you must provide whatever notice is required under the collective agreement. If the employee is not in a union, you must provide termination notice or wages in lieu of notice based on how long he’s been employed by you, namely, 1 week if he has less than one year of uninterrupted service, 2 weeks if he’s credited with 1 to 5 years of uninterrupted service, 4 weeks if he’s credited with 5 to 10 years of uninterrupted service and 8 weeks for ten years or more of uninterrupted service. 
Also be very careful to document your conclusion that there’s no suitable work the employee can do, which should be based on a functional assessment by a healthcare professional. You also need documentation showing you considered alternative work and other accommodations and why you decided they weren’t reasonable. 

Seiko Harada replied 4 months ago

Thank you!