Welcome to the NCHR e-newsletter - March, 2025 edition. Please enjoy!
Navigating Workplace Accommodation Requests
We often receive calls from clients regarding employee requests to return to work following time off due to an illness or injury. Sometimes these employees require workplace accommodations while they return to health such as light duties, fewer daily work hours, a shorter work week, or other similar accommodations.
In Ontario, the Human Rights Code requires employers to accommodate the needs of employees with disabilities (including physical, mental and developmental disabilities, as well as more chronic medical conditions or injuries), unless doing so would cause the employer undue hardship.
There are many potential benefits to accommodations like this in the form of improved recovery, better mental health and financial stability for the employee, while employers often benefit from maintained production levels and a more positive work culture.
So, how does it work?
Let’s start with the accommodation request. It’s important that employers understand exactly what the employee is capable of doing from a suitable medical practitioner. This is for the protection of the employer and the employee. So, make sure the employee provides a suitable medical note, or completed functional abilities form that clearly outlines ‘the ask’.
Once the accommodation request is received and understood, it’s up to the employer to determine if they are able to accommodate the request. This is where the term ‘undue hardship’ comes into play.
Simply put, undue hardship means the employer has a duty to make a reasonable effort to provide the requested accommodations, taking into account the cost, the health and safety risks, and other factors. Be advised the threshold for providing accommodations to the point of undue hardship is quite high. The employer may not be able to claim undue hardship if the accommodation request is just inconvenient or too expensive (to a point), for example.
But at the same time, employers are, under certain circumstances, permitted to deny some accommodation requests. The silly example I like to reference is if the doctor suggests the only reasonable accommodation for their patient is to lick stamps for 2 hours per day (assuming their pre-injury role did not require stamp licking duties), but the employer already has a postage machine that does this work, then it would be appropriate to deny the accommodation request. Generally speaking, an employer would not be required to create a new job for the injured or sick employee if the job presents no value to the organization.
Handling workplace accommodation requests after injury or illness can be a complicated, challenging situation and requires careful consideration. The details of each accommodation request are unique and should be handled as such.
While this article provides a general overview, if you have questions about providing accommodations to an employee, please give us a call to help you assess your options and ensure your organization handles the request in a responsible way.
Provide Employees and their Families with Mental Health Support from ROCK
During this time of increased uncertainty and rapid change in our economy, many employees and their family members may be struggling with anxiety.
Reach Out Centre for Kids (ROCK) provides a full suite of free mental health services and supports for everyone (including employees and
their family members), that can be accessed anywhere, anytime.
Please encourage staff and their family members to reach out to ROCK for support with their mental health: https://rockonline.ca/
NCHR is here to help.
Contact us for more information: info@nchr.ca - 905-818-NCHR - http://www.nchr.ca
This e-newsletter from NCHR Consulting & Recruitment Services contains important information about HR related legislative updates and other best practice suggestions and lessons learned, to help you better manage your business and employee situations.
Please find other recent e-newsletters below:
12/12/2024 - More Legislative Updates for Employers in Ontario
09/12/2024 - Recruitment Tips in Ontario's Tight Labour Market
06/13/2024 - NEED TO KNOW - More Legal Updates for Employers in Ontario
03/27/2024 - Employers Are Still Responsible for Health & Safety When Employees Work from Home
12/15/2023 - Ontario Job Postings Requirements are Likely to Change in 2024
09/21/2023 - Employers - Manage Carefully When Employees Request Time Off Work
06/21/2023 - Flexibility - A Highly Sought After (and Affordable) Employment Perk
03/22/2023 - Employee Onboarding - The Lost Art
Navigating Workplace Accommodation Requests
We often receive calls from clients regarding employee requests to return to work following time off due to an illness or injury. Sometimes these employees require workplace accommodations while they return to health such as light duties, fewer daily work hours, a shorter work week, or other similar accommodations.
In Ontario, the Human Rights Code requires employers to accommodate the needs of employees with disabilities (including physical, mental and developmental disabilities, as well as more chronic medical conditions or injuries), unless doing so would cause the employer undue hardship.
There are many potential benefits to accommodations like this in the form of improved recovery, better mental health and financial stability for the employee, while employers often benefit from maintained production levels and a more positive work culture.
So, how does it work?
Let’s start with the accommodation request. It’s important that employers understand exactly what the employee is capable of doing from a suitable medical practitioner. This is for the protection of the employer and the employee. So, make sure the employee provides a suitable medical note, or completed functional abilities form that clearly outlines ‘the ask’.
Once the accommodation request is received and understood, it’s up to the employer to determine if they are able to accommodate the request. This is where the term ‘undue hardship’ comes into play.
Simply put, undue hardship means the employer has a duty to make a reasonable effort to provide the requested accommodations, taking into account the cost, the health and safety risks, and other factors. Be advised the threshold for providing accommodations to the point of undue hardship is quite high. The employer may not be able to claim undue hardship if the accommodation request is just inconvenient or too expensive (to a point), for example.
But at the same time, employers are, under certain circumstances, permitted to deny some accommodation requests. The silly example I like to reference is if the doctor suggests the only reasonable accommodation for their patient is to lick stamps for 2 hours per day (assuming their pre-injury role did not require stamp licking duties), but the employer already has a postage machine that does this work, then it would be appropriate to deny the accommodation request. Generally speaking, an employer would not be required to create a new job for the injured or sick employee if the job presents no value to the organization.
Handling workplace accommodation requests after injury or illness can be a complicated, challenging situation and requires careful consideration. The details of each accommodation request are unique and should be handled as such.
While this article provides a general overview, if you have questions about providing accommodations to an employee, please give us a call to help you assess your options and ensure your organization handles the request in a responsible way.
Provide Employees and their Families with Mental Health Support from ROCK
During this time of increased uncertainty and rapid change in our economy, many employees and their family members may be struggling with anxiety.
Reach Out Centre for Kids (ROCK) provides a full suite of free mental health services and supports for everyone (including employees and
their family members), that can be accessed anywhere, anytime.
Please encourage staff and their family members to reach out to ROCK for support with their mental health: https://rockonline.ca/
NCHR is here to help.
Contact us for more information: info@nchr.ca - 905-818-NCHR - http://www.nchr.ca
This e-newsletter from NCHR Consulting & Recruitment Services contains important information about HR related legislative updates and other best practice suggestions and lessons learned, to help you better manage your business and employee situations.
Please find other recent e-newsletters below:
12/12/2024 - More Legislative Updates for Employers in Ontario
09/12/2024 - Recruitment Tips in Ontario's Tight Labour Market
06/13/2024 - NEED TO KNOW - More Legal Updates for Employers in Ontario
03/27/2024 - Employers Are Still Responsible for Health & Safety When Employees Work from Home
12/15/2023 - Ontario Job Postings Requirements are Likely to Change in 2024
09/21/2023 - Employers - Manage Carefully When Employees Request Time Off Work
06/21/2023 - Flexibility - A Highly Sought After (and Affordable) Employment Perk
03/22/2023 - Employee Onboarding - The Lost Art