Practical Analysis

Medical Leave Isn't an Accommodation Plan: The Decisions HR Has to Make

Canadian HR teams need to distinguish leave eligibility, disability accommodation, medical privacy and a safe return to work. Undue hardship and modified duties require evidence, not assumptions.

An employee has been away from work for several months. Their manager wants to know whether they're coming back, payroll wants to know how to categorize the absence and a physician's note arrives with the words unable to work until reassessment. HR may feel it has a single medical file to resolve. In reality, the organization is dealing with several different decisions, each requiring a different kind of information and a different legal test. The duty to accommodate isn't the same as approving a protected leave. Employment standards legislation may give an eligible employee a period away from work with job protection. Human rights legislation imposes a related but distinct duty to consider reasonable changes to workplace rules, duties or conditions where a disability or other protected ground creates a barrier. An employee can exhaust a particular statutory leave and still have accommodation rights that require individualized assessment. Conversely, a request for time off doesn't automatically justify indefinite leave or every measure an employee prefers.

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