Are you returning to work after long term disability leave (LTD)? Well, it is only natural to feel anxious. However, it’s more than those jittery feelings. Rather, it is complex and difficult for both the employee and the employer.
As an employer, it is important to guarantee that you will be able to deal with this transition meticulously between legalities and the needs of the business.
The return-to-work process can be delicate and requires a clear understanding of the required laws, effective communication, and the ability to make reasonable accommodations for the employee.
In many situations, it is advisable that employers seek legal advice to guide them through the proper management of this process.
You can get a lot of information from talking to an LTD lawyer when it comes to complying with both provincial and federal laws concerning disability and employment rights.
How to Deal With Discrimination After Returning to Work After Long Term Disability?
Getting back to your workplace after a long-term disability is an important step. And you must approach it thoughtfully and with the necessary help.
Only when you and your medical team are in agreement about your readiness for it and your employer assures you of accommodating your limitations should you think of the return to work.
Also, it is an advantage for you if you communicate with a disability attorney and store detailed records of your work attempts and any problems you come across.
Here are some of the things that you should do if you feel like you are facing discrimination after returning to work after long term disability:
Understanding Legal Obligations
The judiciary binds the employers to use both federal and provincial laws in managing the matter of an employee’s return to work following a long term disability leave.
Employers in Canada have to accommodate disabled employees but up to the point of undue hardship under the Canadian Human Rights Act and the Ontario Human Rights Code.
This means that although a worker may be on leave for a long time the employer needs to do all that he can to bring this employee back to work in a way that is fair and in line with such laws.
This ranges from changing the nature of the job role to an assured provision of other duties if the worker is no longer able to do the first set of tasks as a result of his or her disability.
Besides requirements for accommodation, employers are under further obligation to meet the guidelines provided by the Ontario Employment Standards Act (ESA) and the ones provided by the Canadian Labour Code.
These acts detail that:
- A member of staff cannot be fired from his/her job due to taking long-term disability leave.
- He/she should be reinstated to his/her previous position or a similar one once this member of staff can return to work.
Knowing these obligations is important to the employers to prevent lawsuits or complaints. Help from an LTD lawyer Toronto may ensure that all the procedures are within the frameworks of the law.
Effective Communication with Employees
Keeping frequent communication with the employee while also on their disability leave is one of the most vital points when dealing with a return-to-work scenario.
Precise and uniform communication can assist with creating expectations and can make the employee understand the process, the time frame and the accommodations available.
The employer should follow up with the employee, in order to determine if he /she is ready to come back and also discuss any changes or accommodation needed.
It’s important that this communication is sensitive, keeping in mind the employee does not feel forced or under pressure.
Additionally, pairs of employers should also enter into a collaborative discussion of the modifications required to the employee’s role before his/her return.
Such conversation should be conducted without disparity and on the ground of the understanding of the employee skills and limitations.
It may be necessary, in some instances, for a medical professional to offer a note assuring a worker’s ability to return to work and adjustments that might be made.
The employer should be keen on this and act to ensure that the employee is successfully and unproblematically back to the workplace.
A failure to avoid misunderstanding during this stage can lead to future problems arising and leaving the organization vulnerable towards eventual legal threats.
Assessing Job Readiness and Modifications
When an employee is back from a long term disability leave it is important to determine whether they can do the job effectively.
This assessment is to include critical review on the medical status of the employee and any work limit therein.
Employers should find out about the nature of an employee’s disability and also any restriction or needs that the employee might have.
In some cases this may mean contacting the employee’s healthcare provider or ordering a functional abilities evaluation (FAE) to find out what the employee is able to do safely.
When the abilities of an employee are determined, the employers should reflect if modifications should be undertaken to ensure that the worker will be able to perform back in work.
These changes might be such as:
- Changing the work environment.
- Changing the working hours.
- Reassigning job duties.
For instance, a returnee from surgery may require part time work, or an employee with mobility problems may require an ergonomic workstation.
Employers should be in a position to provide reasonable accommodations whenever possible; bearing in mind that the purpose is to support an employee to return to work and the safety of their health.
In most instances a gradual return to work is recommendable, and the worker starts with easy tasks and increases them as he or she recovers.
Providing Reasonable Accommodations
Reasonable accommodation forms part of the cornerstone of handling return to work situations after long-term disability leave.
Employers have a legal responsibility of providing accommodations except where such accommodation would result in undue hardship to the business.
This means that workplaces or job functions of an employee need to be adapted by the employer to enable them to do their work properly.
The specific type of accommodation required may range widely depending on the nature of disability.
However, such accommodations may include the following:
- Modification of work schedule.
- Change in the responsibilities at work.
- Provision of assistive devices or technology.
Employers should be proactive in determining available accommodations but they must also be flexible in terms of responding to the employee where the situation changes.
For instance, let’s consider that the employee first goes back to work on a part-time basis. He then finds that more adjustments on the part of the employer are needed to take care of the condition. In that case, the employer should be willing to revisit the situation.
The goal is always supposed to be the employee’s support to succeed in the position held while being fairly responsive to the law.
Working as a team on accommodations will assist to create a positive working environment between the employer and the employee so that both parties are satisfied with the return-to-work process.
Avoiding Discrimination and Retaliation
The handling of the return-to-work process requires employers to be careful to avoid discriminatory and retaliatory moves.
Discrimination of workers based on disability or retaliation against the same employees for taking a long-term disability leave is illegal.
Employees’ time away for a disability should not feel punitive and their return should not be so unfair.
Employer is defined as not making promotion decisions, assignment of a job, or type of remuneration based on the employee’s disability or leave history.
Discrimination can also take subtler forms, for example to set a kind of environment, which is to make it challenging for the employee to reintegrate himself or herself back into the workplace.
Employers should make the employee feel wanted back and supported, and do not take actions that may look discouraging or discriminatory.
Along with that, there must be no unrealistic expectations from employees once they get back, especially when they need to get used to coming back to work, or adjust their performance.
A regard and care filled atmosphere is critical in sustaining compliance to the law as well as creating a conducive workplace environment.
In case, any concern regarding possible discrimination comes into light, then LTD lawyers may come for help and help to steer through these problems.
Your Legal Guide: Dealing With Situations After Returning to Work After Long Term Disability
Return-to-work situations following long-term disability leave must be well-planned, well-communicated, and involve the careful provision of reasonable accommodations.
Employers should be proactive if they are to understand their legal requirements, and their employee’s requirements. Additionally, they should not discriminate or retaliate against the employee.
Employers can make the process easier and a success by doing their job thoughtfully, while respecting the employee’s rights.
For employers who need additional help and advice, there’s help in Toronto! Here, the advice and guidance from a capable LTD lawyer can be instrumental in achieving compliance and reducing risks.
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