INDIVIDUAL ACCOMMODATION AND RETURN TO WORK POLICY
A. PURPOSE
The purpose of this policy (the “Policy”) is to establish the process and procedure followed when (i) an employee requests or may require job-related accommodation due to a disability and/or (ii) an employee is absent from work due to a disability.
B. APPLICATION
The Policy applies to all employees of Primont Homes (the “Company”). It does not apply to volunteers and other unpaid individuals (e.g., co-op placements, high school work experience placements, etc.).
Nothing in this Policy is intended to conflict with the return to work procedure under the Workplace Safety and Insurance Act (“WSIA”) and in the event of such conflict, the WSIA procedure shall apply.
C. THE PROCESS FOR DEVELOPING AN INDIVIDUAL ACCOMMODATION &/OR RETURN TO WORK PLAN
When an employee requests or may require a job-related accommodation, including when an employee is absent from work due to a disability, the Company will follow the process below for assessing the need for, and implementing as required, the appropriate accommodation and, if required, return to work plan.
Step 1: Initiate the Accommodation Process
There are two ways the accommodation process may be initiated:
i. Accommodation is requested by an employee through his or her manager, or the Company’s human resources department. This includes where an employee requests a disability-related leave of absence.
ii. A member of the Company’s management team identifies an employee may have a potential need for accommodation not yet requested by the employee directly.
Step 2: Collect Information to Facilitate Job-Related Accommodation, Including Return to Work
a) Collecting Medical and Other Information
Accommodation is a collaborative process and an employee’s active participation is critical to its success. The Company must have detailed, specific and timely information about the employee’s individual medical restrictions and limitations in order to determine whether accommodation is necessary and, if it is, how it may be facilitated. In order to facilitate accommodation and/or an employee’s return to work following a medical leave of absence, an employee is required to:
• Provide the Company with sufficiently detailed medical information describing the employee’s functional abilities (i.e., medical restrictions and limitations). In most cases, a diagnosis will not be required.
• Ensure any medical information is provided from a professional qualified to make the necessary assessments/evaluations (e.g., an employee with a mental health disability may be required to provide medical information from a mental health professional such as a psychologist or psychiatrist rather than from a family doctor).
• Co-operate in ensuring his or her medical professional responds to any questions the Company has about the employee’s particular restrictions and limitations.
• Follow the appropriate medical treatment plan as prescribed by his or her medical professional.
• Provide the necessary information within a specified time frame following the Company’s request unless a legitimate justification for extending the timeline exists.
• Proactively notify the Company and provide updated medical or other information if there is a change to the employee’s functional abilities.
• Where the employee is absent from work on a disability-related leave, provide regular medical updates to the Company. The timing of these updates may be determined by the Company based on the medical information and prognosis provided by the medical professional(s) consulted.
The Company may, at its own cost, require an employee to participate in an independent medical examination and/or may involve a third-party medical professional selected by the employer to engage directly with the employee’s medical professional on the employer’s behalf in the following circumstances:
• Despite requests, the employee’s medical professional has not provided information required by the Company.
• The information provided by the employee’s medical professional is conflicting and the medical professional is unable or unwilling to provide a reasonable explanation for the conflict.
• The Company has an objective basis to question the information provided by the employee’s medical professional.
• The employee’s medical professional is not qualified to provide the necessary information about the employee’s medical condition.
• The employee has engaged in serious misconduct (i.e., theft, harassment, etc.) which the employee’s medical professional asserts is caused by the employee’s disability but the Company has a basis to question that opinion.
• The employee has engaged in or threatened violence and the Company requires an independent assessment to ensure the safety of the employee, the employee’s coworkers and/or the public.
b) Administrative Leave Pending Information
There may be circumstances, including where the employee’s presence in the workplace presents a risk to the safety of the employee or others, under which the employee will be placed on administrative leave with pay while the necessary medical information is being collected.
c) Privacy of Medical Information
An employee’s medical information shall be treated as confidentially as possible. However, medical information will need to be disclosed to the extent necessary to facilitate the accommodation process. To this end the Company will:
•Attempt to limit the disclosure of medical information to only those individuals who require knowledge of the information in order to facilitate the accommodation.
• Store medical information in a secure location such that only authorized personnel will have access to it.
• Ensure medical information is securely destroyed when it is no longer required for reasons related to the administration or termination of the employment relationship.
Step 3: Prepare the Individual Accommodation Plan or Return to Work Plan, or Notify Employee of Denial of Accommodation Request
a) Individual Accommodation Plan
Where the medical information supports the need for accommodation and the Company can provide accommodation without incurring undue hardship, a documented Individual Accommodation Plan (“IAP”) will be prepared for the employee by the Company. The IAP shall set out the terms and conditions of the proposed accommodation including but not limited to:
• The employee’s position and any accommodations made to the duties or tasks of the role.
• Any equipment or assistive device being provided to the employee as a means of accommodation.
• Any accessible format or communication support being provided to the employee as a means of accommodation.
• Any Return to Work Plan.
• Any individualized workplace emergency response information developed.
• The duration of the accommodation and the frequency with which the IAP shall be reviewed.
If required, the IAP will be provided in an accessible format.
b) Return to Work Plan
Where the employee has been absent from work due to a disability the Return to Work Plan (“RWP”) may include but will not necessarily be limited to the following:
• The expected length of the employee’s absence and the expected date of return to the workplace.
• The frequency with which the employee shall be in contact with the Company and the frequency with which he/she shall provide updated medical information.
• The employee’s duties upon return to work including any relevant aspects of the employee’s IAP.
If required, the RWP will be provided in an accessible format.
c) Employee Participation in the Development of an IAP/RWP
Where an employee so chooses, he or she may request the assistance of a union representative (if applicable) or other representative from the workplace in developing the IAP and/or RWP.
The employee (and any third party representative) may offer suggestions on workplace accommodation. However, the Company retains the discretion to determine the means of any suitable accommodation provided that, in so doing, it ensures the IAP and/or RWP are consistent with the employee’s functional abilities.
A template IAP/RWP is attached. The template may be modified to suit the individual needs and circumstances of the employee.
d) Notify Employee If Accommodation Request Is Denied
Accommodation may be denied where:
• The employee’s medical information does not support the need for accommodation.
• Accommodating the employee’s functional limitations would result in undue hardship to the Company.
Where accommodation is denied, the employee will be advised of the decision, and its basis, in writing. If required, the notification will be provided in an accessible format.
Step 4: Monitor and Review the IAP and/or RWP
The employee and his or her manager shall monitor the IAP and/or RWP to ensure it effectively meets the needs of the employee and the Company. The frequency and schedule of review will depend on the nature of the employee’s particular accommodation and will be set out in the employee’s IAP and/or RWP.
An IAP and/or RWP will be reviewed and updated as required where:
• There is a substantive change to the employee’s work location or position.
• There is a change in the nature of the employee’s disability such that the accommodation provided may no longer be appropriate or necessary.
D. Failure to Co-operate/Participate
An employee has an obligation to provide all necessary medical information to the Company, including satisfying all of the obligations set out in Step 2(a) above.
Once the IAP and/or RTW is prepared and communicated to the employee, he or she is required to:
• Comply with the terms of the IAP and/or RWP.
• Participate in any review process established by the Company.
The failure to cooperate in the accommodation and/or return to work process may result in discipline up to and including termination for cause.
E. Documentation to Be Made Available
All employees will be provided a copy of this Policy. This Policy or the information contained in this Policy will be provided in an accessible format or with communication supports on request.
Questions About This Policy
For more information about the Policy or for questions regarding this Policy please contact:
Marsha Jodrell
905-770-7002
primont@primont.com