Workplace Accommodation

[Aleesha Van Damme]

#98360

Forum: Private

Hello,

I have an employee who is recovering from a type of surgery on his hand and has provided a medical note that says he is able to return on light duties with limitations for a period of one month. The limitations prevent him from using his right hand (lifting and repetitive motion). In our duty to accommodate, I understand that the accommodation has to be in the role that he is doing; however, this role is a field installer role where wrenching, lifting, and using various hand tools are the fundamental nature of the job duties.

Given the note does not say the employee cannot work, this would not qualify him for the BC ESA serious personal illness or injury leave. What would be the most appropriate next steps here?

Thank you

[Haley O’Halloran]

#98361

A temporary medical restriction such as “light duties for one month” due to surgery triggers the employer’s duty to accommodate under applicable provincial or federal human rights legislation. Disability is a protected ground in every jurisdiction, and employers must accommodate functional limitations to the point of undue hardship. While employment standards legislation provides job-protected leaves in certain circumstances, the duty to accommodate operates independently and may apply even where the employee is medically cleared for modified work.

The first step is to review the employee’s medical information to understand the functional limitations (not the diagnosis) and compare those limitations to the essential duties of the position. Employers should assess whether the restricted activities, such as lifting or repetitive hand use, are bona fide occupational requirements. If clarification is needed, the employer may request additional medical information about capabilities and restrictions, provided the request is reasonable and limited to functional abilities.

Next, the employer must explore accommodation options in good faith. This may include temporarily modifying duties within the current role, redistributing marginal tasks, adjusting scheduling, or providing assistive measures. If the core duties cannot be performed safely within the restrictions, the employer should consider temporary reassignment to alternate duties, where available. Employers are not required to eliminate essential duties, create permanent new roles, displace other employees, or incur undue hardship, but they must meaningfully assess available options—particularly where the restriction is short-term.

If, after reasonable exploration, no suitable work exists within the medical limitations, the employee may remain on medical leave until they are able to perform the essential duties. Throughout the process, employers should document their analysis, discussions, and rationale. The legal risk in these cases typically arises from failing to engage in a proper accommodation process rather than from the ultimate decision itself.

-HRInsider Staff

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