Long-term illness and injury leave vs medical leave (Human Rights Act)

[vickyp]

#81326

Forum: Community

Hi, I work for the Indian Band and I have a question related to one of our staff member, who is not on benefits but he was on a medical leave. Band was paying when he was away form work due to his medical illness but band now decided not to pay him any more unless he brings a doctor\’s note stating he is fit to work and if there is any limitations or if needs to be accommodated or not. My question is, because he is diabetic and he lost his one leg and hand, and other hands finger are almost start falling down. He wanted to get back to work but i asked him for a doctor\’s note with all the limitations and what kinda of accommodation we can provide but he came up with a clinical doctor\’s note stating “(This patient wants to return to work. He cannot do any physical activities but can do supervision. There is no contra-indication for that sort of activity)”. But honestly speaking, this person is a Manager and his role requires more then supervision. What would you recommend in this Scenario? We are federally regulated and based in Alberta.

[vickyp]

#81325

There is NO medical leave under the current Alberta ESC. But once Bill 17 takes effect on Jan. 1, employees will get 16 weeks’ unpaid long-term illness and injury leave. And you’re right, once  leave ends, return to work will be governed by Alberta Human Rights Act. Because the injury/illness is likely to constitute a “disability,” you must make accommodations to the point of undue hardship.
Your point about holding open the position until it becomes clear that the employee isn’t getting better and won’t be able to return is basically right. The hard part will be how and when you can make that determination. The accommodations process requires you to get an assessment of the  employee’s capabilities and needs from his/her physician. You can ask for a PROGNOSIS but not a DIAGNOSIS. The employee also has to cooperate and furnish the medical info you need to make the assessment–employee failure to cooperate in the accommodations process is generally considered legitimate grounds for termination.
If the initial medical assessment doesn’t give a definitive and reasonable return date, you may need to keep the position open pending a later assessment. Although you don’t have to wait forever, the Q of how long is too long, unfortunately, varies from case to case.
The other key issue in determining reasonable accomm v. undue hardship will be the job-related accommodations the employee needs, e.g., with regard to work schedule, work duties, location, etc.
Bottom Line: Bill 17 doesn’t change the accommodations rules with which you’re apparently familiar; all it does is create a new set of leaves (including but not limited long-term illness and injury) to which those accommodations requirements apply.
Hope that helps and Merry Xmas. Glenn 203 354-4532

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