RETURN TO WORK GUIDELINES

Transcription

1 RETURN TO WORK GUIDELINES PURPOSE: The Return to Work Program establishes a process for minimizing the impact of an illness or injury on the individual s capacity to participate constructively in the work environment. This program is established to help Employees successfully return to work. It also fulfills the City of Regina s duty to accommodate Employees who have suffered illness or injury (workrelated or non-work-related) that limits them in performing their assigned work duties. GOALS / OBJECTIVES: 1. To provide consistent and proactive assistance for injured or ill Employees. The focus is on ability rather than on injury, illness or disability. 2. To provide a safe return to regular, modified, or transitional work duties for injured or ill Employees, ensuring the work is both meaningful and productive. 3. To provide assistance as early as possible that will help reduce the feelings of isolation from the work environment and maintain self-respect by remaining productive. 4. To provide a supportive work environment for Employees returning to work after illness or injury. 5. To coordinate the ongoing rehabilitation process and/or vocational services in a timely and effective manner. 6. To encourage good communication among all the parties with an understanding of each other s roles and responsibilities. 7. To ensure statutory compliance, i.e. Duty to Accommodate or any other relevant legislation (see Appendix A). The Return Work Guidelines may provide opportunities that exceed legislative requirements. BENEFITS OF EARLY RETURN TO WORK: Studies show that Employees, who are supported with a return to work program as soon as possible following an illness or injury, recover faster than those who remain off work longer. Human Resources Department Healthy Workplace Branch

2 page 2 This is because work becomes a part of medical treatment and rehabilitation and allows the Employee to take an active role in his or her recovery. Benefits to the Employer: Medical and disability costs are reduced and recovery time shortened Productivity is maintained and human resources are used to the maximum extent. Injured workers continue to contribute to the organization Communication and relationships between employees and management are enhanced based on the commitment by all parties The degree to which co-workers are required to perform additional duties to compensate for an absent injured worker are reduced or eliminated. GUIDELINES: POTENTIAL RETURN-TO-WORK (RTW) SITUATIONS IN ORDER OF PRIORITY a) The Employee is able to return to the pre-disability job with no limitations. b) The Employee is able to return to the pre-disability job with temporary modifications, but gradually returns to the pre-disability duties. c) The Employee is able to return to the pre-disability job with permanent modified duties. d) The Employee is not able to return to the pre-disability job, but can return to alternate work. e) The Employee is not able to return to regular, modified or alternate work. Preamble ROLES AND RESPONSIBILITIES These Returns to Work Guidelines are based on a model that focuses on centralized coordination, with distributed delivery. There are several potential partners in the Return to Work Program: the Employee (who requires disability assistance services), health care providers (the family physician, physiotherapist, chiropractor, occupational therapist, medical specialist, psychologist), the Return to Work team, Human Resources Representative - Employee Health and Wellness, Human Resources Consultant - Divisional Safety, Labour Relations, Director, Manager and Supervisor, the Unions, Employee and Family Assistance Program, and the Workers Compensation Board. Role of the Employee If this is a workplace injury, ensure that all proper documentation has been filled out with your Supervisor/Manager. If medical attention is required the Employee must provide a completed City of Regina Medical Certificate Form before they can return to work. If the Employee is returning the same day or the start of the next shift the

3 page 3 Medical Certificate should be presented to their Supervisor/Manager. If it is expected that the Employee will be off for longer than five days or requires a return to work plan, the Supervisor/Manager will inform the Human Resources Representative - Employee Health and Wellness. If it is anticipated that no return work is required the Employee will provide the Supervisor/Manager with the medical certificate and the Supervisor/Manager will inform the Human Resources Representative - Employee Health and Wellness. Report all health-related absence to the Supervisor/Manager indicating nature of illness and anticipated length of absence from work. Provide supporting medical information to Human Resources Representative - Employee Health and Wellness for any absence of five days or more if a return to work is required. The Supervisor/Manager will instruct the employee to initiate contact with the Human Resources Representative - Employee Health and Wellness to correspond with the Employee s health care provider. Provide consent if necessary for the Human Resources Representative - Employee Health and Wellness to correspond with the Employee s health care provider(s). If applicable attend therapies, treatments, and rehabilitation programs as recommended and offered by the various health care providers. If unable to return to the pre-disability job, work with the Supervisor/Manager, Union, and Human Resources Representative - Employee Health and Wellness and relevant parties to seek opportunities for modified or alternate work. Maintain contact with Supervisor/Manager and Human Resources Representative - Employee Health and Wellness throughout injury/illness and provide updated medical information to the Human Resources Representative - Employee Health and Wellness as required. If necessary, apply for alternate work, if deemed by a medical practitioner that there has been a change in the Employee s mental and physical capabilities (which matches with the Employees current abilities and job qualifications.) Maintain confidentiality throughout the entire process. Role of the Employer Directors Responsible for departmental commitment to the Return to Work Program. Support Supervisor/Manager and employee education/orientation to the Return to Work Program (provided by Human Resources Workplace Health & Safety Branch). Maintain confidentiality throughout the entire process. Supervisor/Manager Manage in consultation the Return to Work Program and follow the established processes. Ensure Employees know when and how to report illness or injury. If an Employee is expected to be absent for 5 or more days and a return to work plan is anticipated. The Supervisor/Manager will ensure the Employee provides a Medical Certificate, and notifies the Human Resources Representative - Employee Health and Wellness that the Employee is off work.

4 page 4 Keep in regular contact with the employee and, where possible, offer assistance throughout the process. Actively search for alternate work and/or return to work options within Branch, Department, Division or the Organization. Leads and attends return to work meetings to coordinate and plan the return to work placement. Inform co-workers in advance of an Employee entering into a return to work program, and outline the Employee s workplace duties. Encourage co-workers support. Discuss problems associated with the Employee s return to work with the Human Resources Representative - Employee Health and Wellness. Maintain confidentiality throughout the entire process. Human Resources Consultant - Employee Health and Wellness Unions Understand, support and participate when required in the Return to Work Program. Maintain confidentiality throughout the entire process.

5 page 5 Workplace Injury (WCB) Return to Work Program Flow-Chart If an Employee is injured on the job (regardless of severity) they shall immediately notify their Supervisor/Manager (or as soon as possible) and together complete the Workplace Injury Report (WIR). It is then the responsibility of the Supervisor/Manager to complete their portion of the Workplace Injury Report and forward to Human Resources. If the Employee requires medical attention (not including basic first aid) or will be absent from work, the Employee must consult with their Physician, have them complete the City of Regina Medical Certificate / Employee Absence from Work Form and then submit to the Human Resources Department as soon as possible. Once the Human Resources Department receives the Workplace Injury Report and the Employee s Medical Certificate / Employee Absence of Work Form, the Human Resources Department submits the Employer s Initial Report of Injury (E1) Form to WCB. This process must be completed within 5 days of the report of injury. The Employee must then contact with the Human Resources Representative - Employee Health and Wellness within 24 hours, as part of the duty to assist with the return to work process. The Human Resources Representative - Employee Health and Wellness will outline the services of the Return to Work Program and may request consent to consult with the Employee s health care provider. The Human Resources Representative - Employee Health and Wellness will communicate with WCB as necessary to discuss the Employee s abilities. WCB will outline any and all restrictions, limitations and conditions and when the Employee will be able to participate in the Return to Work Program Under normal circumstances, if the Employee is not forthcoming with the medical information required, the City of Regina s duty to accommodate ends and this may affect the continuation of benefits. If additional supports are required, the Human Resources Representative - Employee Health and Wellness will collect additional workplace information. The return to work plan is developed with support from WCB, the Health Care Provider, Human Resources Representative - Employee Health and Wellness, Manager/Supervisor and Employee. The Human Resources Representative - Employee Health and Wellness will follow up with the Employee and Manager/Supervisor to ensure the return to work is progressing as planned.

6 page 6 WORKPLACE INJURY RETURN TO WORK PROCESS If an Employee is injured on the job (regardless of severity) they shall immediately notify their Manager/Supervisor (or as soon as possible) and together complete the Workplace Injury Report Form (WIR). It is then the responsibility of the Manager/Manager to complete their portion of the Workplace Injury Report and forward to Human Resources. If the Employee s injury only requires basic first aid (band aide, ice, etc) and will not result in an absence from work, the Workplace Injury report is completed and forwarded to Human Resources for future reference if necessary and the process is then deemed complete. If the Employee requires medical attention (not including basic first aid) or will be absent from work as a direct result of the injury, the Employee must immediately consult with their Physician, have him/her complete the City of Regina Medical Certificate then submit to the Human Resources Department as soon as possible. If the injury is anticipated to result in an absence from work the Manager/Supervisor informs the Employee that they have been referred to the Human Resources Representative - Employee Health and Wellness and must contact them within 24 hours of the injury (if possible) Within 24 hours of the incident, the Manager/Supervisor notifies the Human Resources Representative - Employee Health and Wellness, to advise that the Employee has been referred and to discuss the Employee s health status. Once the Human Resources Department receives the Workplace Injury Report and the Employee s Medical Certificate the Human Resources Department submits the Employer s Initial Report of Injury (E1) Form to WCB. This process must be completed within 5 days of the report of injury. Upon initial contact, the Human Resources Representative - Employee Health and Wellness outlines the services of the Return to Work Program and may request consent to consult with the Employee s health care provider. The Human Resources Representative - Employee Health and Wellness will communicate with WCB as necessary to discuss the employee s abilities. WCB will outline any and all restrictions, limitations and conditions and when the Employee will be able to participate in the Return to Work Program The Human Resources Representative - Employee Health and Wellness: a. Communicates with the Manager/Supervisor and may obtain the physical/cognitive demands of the Employee s pre-disability job. b. As necessary communicates with the Employee s health care provider to determine a prognosis and to discuss possible rehabilitation strategies. The Human Resources Representative - Employee Health and Wellness follows the Employee s progress throughout the rehabilitation process and updates the Manager/Supervisor and the Departmental Human Resource Consultant on the Employee s progress and expected return to work date. When the health care provider has determined that the Employee is medically fit to return to work, the Human Resources Representative - Employee Health and Wellness, in conjunction with WCB, the Physician/Healthcare Provider, the Manager/Supervisor, the Union (if necessary) and the Employee, develops a return to work plan. The return to work plan will be discussed with the supervisor, the Employee to ensure all parties understand the process.

7 page 7 The Human Resources Representative - Employee Health and Wellness will follow-up with the Employee and Manager/Supervisor to ensure the return to work is progressing as planned. If, for any medical reasons, any changes to the accommodation are required, the Manager/Supervisor will notify the Human Resources Representative - Employee Health and Wellness

8 page 8 Personal Injury / Illness (Not Work Related) Return to Work Program Flow-Chart If an Employee is expected to be absent from work for a personal injury/illness they must immediately contact their Manager/Supervisor. If the Employee anticipates being off for 5 or more days they shall notify their Manager/Supervisor and must provide a completed Medical Certificate to them as soon as possible. If the Employee will require an accommodated RTW it is the responsibility of the Manager/Supervisor to advise the Employee that they will be referred to and will participate in the Return to Work Program, if required. Within 24 hours of notification the Manager/Supervisor shall then notify the Human Resources Representative - Employee Health and Wellness that their employee has been or will be off work for 5 days or more. The Employee will contact with the Human Resources Representative - Employee Health and Wellness, within 24 hours of the Manager/Supervisor Notification. As part of the duty to assist with the return to work process the Employee is also required to provide a completed Medical Certificate / Employee Absence from Work Form, in a timely manner to the Human Resources Representative - Employee Health and Wellness. The Human Resources Representative - Employee Health and Wellness will outline the services of the Return to Work Program and may request consent to consult with the Employee s health care provider/s. The Human Resources Representative - Employee Health and Wellness will receive the medical forms and may communicate with the Health Care provider as necessary to discuss the Employee s abilities. The Health Care provider will outline any and all restrictions, limitations and conditions and will participate when able in the Return to Work Program Under normal circumstances, if the Employee is not forthcoming with the medical information required, the City of Regina s duty to accommodate ends and this may affect the continuation of benefits. If additional supports are required, the Human Resources Representative - Employee Health and Wellness will coordinate workplace assessments, Functional Capacity Evaluations, etc. The return to work plan is developed with support from the health care provider, Human Resources Representative - Employee Health and Wellness, Manager/Supervisor and Employee. The Human Resources Representative - Employee Health and Wellness will follow up with the Employee and Manager/Supervisor to ensure the return to work is progressing as planned.

9 page 9 PERSONAL INJURY / ILLNESS RETURN TO WORK PROCESS If an Employee is expected to be absent from work for a personal injury/illness they must immediately inform their Manager/Supervisor. If an Employee is expected to be away from work for > 5 or more days, they shall report the absence to their Manager/Supervisor and must provide a completed Medical Certificate to them as soon as possible. If it is anticipated that the Employee will require an accommodation (modified duties, hours of work, etc) to return to work, the Manager/Supervisor will inform the Employee that they will be referred to the Human Resources Representative - Employee Health and Wellness and they must contact the Human Resource Representative within 24 hours of the injury/illness (if possible). If it is anticipated that after a short duration of illness/injury the Employee will return to work and not require any form of accommodation, the Employee does not need to be referred to the Human Resources Representative - Employee Health and Wellness. Within 24 hours of notification the Manager/Manager contacts the Human Resources Representative - Employee Health and Wellness to advise that the Employee has been referred and to discuss the Employee s health status. Upon initial contact with the Employee the Human Resources Representative - Employee Health and Wellness outlines the services of the Return to Work Program and may request consent to consult with the Employee s Healthcare Provider. The Human Resources Representative - Employee Health and Wellness outlines the services of the Return to Work Program and requests consent to consult with the Employee s Healthcare Provider. The Human Resources Representative - Employee Health and Wellness: a. Communicates with the Manager/Supervisor and may obtain a physical/cognitive demands analysis of the Employee s pre-disability job. b. As necessary communicates with the Employee s health care provider to determine a prognosis and to discuss possible rehabilitation strategies. The Human Resources Representative - Employee Health and Wellness follows the Employee s progress throughout the rehabilitation process and updates the Manager/Supervisor and the Departmental Human Resource Consultant of the Employee s progress and expected return to work date. When the Healthcare Provider has determined that the Employee is medically fit to return to work, the Human Resources Representative - Employee Health and Wellness, in conjunction with the Manager/Supervisor, and the Employee, will develop a return to work plan. The return to work plan will be discussed with the Manager/Supervisor, the Employee and the Union (if necessary) to ensure all parties understand the process. The Human Resources Representative - Employee Health and Wellness will follow-up with the Employee and Manager/Supervisor to ensure the return to work is progressing as planned. If, for any medical reasons, any changes to the accommodation are required, the Manager/Supervisor will notify the Human Resources Representative - Employee Health and Wellness.

10 page 10 When an Employee does not provide the medical information requested (under normal circumstances): The City of Regina s duty to find alternate work opportunities ends and this may impact the Employee s continuation of benefits. The Return to Work process ends when: The Employee is placed into the most suitable work at the time that meets with medical information provided, or the City has reached the point of undue hardship. Examples: a) The Employee is able to return to the pre-disability job with no limitations. b) The Employee is able to return to the pre-disability job with temporary modifications (i.e. graduated hours, reduced workload, etc.) and gradually returns to their pre-disability duties. c) The Employee is able to return to the pre-disability job with permanent modified duties. d) The Employee is not able to return to the pre-disability job, but can work on a modified basis in suitable work that is required by the City. e) The Employee is not able to return to the pre-disability position, modified or alternate work. At this point, the Employee s medical situation is considered prolonged and severe. If at some point the Employee s prognosis is favourable for return to work, then the medical information will direct how the Return to Work Program may proceed. However, the Employee may seek alternate work beyond the suitable work opportunities through the regular posting process.

11 page 11 RETURN TO WORK OUTLINE Returning the Employee to Work in Their Own Position The Human Resources Representative - Employee Health and Wellness meets with the Employee and the Manager/Supervisor prior to the return to work date to work through the details. The return to work plan will include: The specific job functions to be performed Whether there are any modifications required to support the return to work process (graduated hours, technical aids, modified duties, etc.) Specific time frames for the return to work and review process Periodic meetings between the Employee, Manager/Supervisor and the Human Resources Representative - Employee Health and Wellness to track progress and address concerns A transfer of follow-up responsibility from the Human Resources Representative - Employee Health and Wellness to the Manager/Supervisor once the natural work supports are in place The Human Resources Representative - Employee Health and Wellness can be called upon at any time as a resource if concerns arise or ongoing Support is required for either the Employee and/or Manager/Supervisor. Returning the Employee in Alternate Work It has been determined that the Employee cannot return to their pre-disability position and they have provided medical information outlining their abilities and limitations. The Return to Work plan must be clear and include: The skills and abilities of the Employee to assist the Human Resources Representative - Employee Health and Wellness with finding an appropriate job match. The opportunity for the Employee to meet with the new Manager/Supervisor prior to beginning alternate work to ensure that their skills and abilities meet with the requirements of the job The specifics of the job and the return to work opportunities put in place via a Letter of Accommodation, written by the Human Resources Representative - Employee Health and Wellness. Periodic meetings between the Employee, Manager/Supervisor and the Human Resources Representative - Employee Health and Wellness to track progress and address concerns A transfer of follow-up responsibility from the Human Resources Representative - Employee Health and Wellness to the Manager/Supervisor once the natural work supports are in place Again the Human Resources Representative - Employee Health and Wellness can be called upon at any time as a resource if concerns arise pertaining to the Return to Work opportunity, or ongoing support is required for either the Employee and/or Manager/Supervisor.

12 page 12 Duty to Accommodate and the Accommodation Process The duty to accommodate is a legal obligation (pursuant to sections 2 and 15 of the Canadian Human Rights Act) that requires employers to identify and remove barriers that have an adverse impact on Employees protected under the Act and to implement measures necessary to allow these Employees to perform their duties to the best of their abilities. Management is required to understand and accept the responsibility to: Determine what barriers might affect the Employee requesting the accommodation; Explore options for removing these barriers; and Ensure that information requests are Constructive and respectful of privacy and confidentiality. Generally, the obligations under the duty to accommodate are as follows: Given the circumstances, the Employer is expected to identify and arrange for reasonable accommodation in a timely manner. In accommodating an Employee or a candidate in a selection process, an Employer is required to make adjustments and sometimes bear some costs and disruptions to operations (up to undue hardship). The Employee is expected to fully cooperate in the effort to find a reasonable accommodation, while recognizing that the preferred accommodation may not be possible. The Union is obliged to cooperate with the employer in finding reasonable accommodation for the Employee, where applicable. All accommodations are to protect the right for privacy and confidentiality while respecting the dignity, individuality and self-esteem of the employee. All work assigned must be meaningful, productive and have value to the department/agency and the employee. Understanding the Type of Accommodation Required A request for accommodation need not be in writing but should be communicated as clearly and specifically as possible. The Manager and Human Resources Representative - Employee Health & Wellness must be notified of the Employee's needs, accommodation options and planning resources that are available. Accommodation may involve the coordination of activities such as assessment and purchase of adaptive equipment as well as workplace adjustments. When more complex and long-term accommodations are required, an accommodation plan will be key. Such a plan should outline: The parties involved (Manager and Employee) and their responsibility to maintain ongoing communication in the method preferred; and regular updates regarding health status and when it may be safe and timely to return to work. Examples of Accommodations for Employees with Disabilities Large screen monitors for employees with low vision; Attendant services or reader services for blind / visually impaired employees;

13 page 13 Interpreters for employees who are deaf or who have a speech impairment; Adaptive technologies and equipment; Flexible work arrangements, including modified work schedules, task modifications or other alternative work arrangements; Changing work processes, modifying practices, or substituting job duties; Providing a temporary alternate position Providing work space and furnishings appropriate to the nature of the disability; Providing accessible parking for employees with a health condition or disability; Adapting training programs to the needs of employees with disabilities, including learning disabilities; and Telework arrangements where feasible. Human Resources and Skills Development Canada, March 2010 Undue Hardship Undue hardship describes the limit of an Employer's obligation to accommodate an Employee. It is reached when factors such as safety, health or cost make the Employer's burden in accommodating an employee too high. The point of undue hardship is unique in each situation and should be assessed individually. Employers are expected to exhaust all reasonable possibilities for accommodation and demonstrate that they have followed a process (Accommodation Process) before they can claim undue hardship. In some instances, bona fide occupational requirements may prevent accommodation, as it would cause undue hardship. Immediate Managers are not to make this determination without consulting the Human Resources Consultant Employee Health & Wellness. Employees who are denied accommodation can file a grievance under their existing Collective Bargaining Agreement. Employee s can also file a complaint with the Canadian Human Rights Commission whether or not they are represented by a Union. Complaints can be made in relation to any aspect of employment, including the working environment, training and promotions. What Is a Bona Fide Occupational Requirement (BFOR)? A bona fide occupational requirement is a standard or rule that is integral to carrying out the functions of a specific position. For a standard to be considered a bona fide occupational requirement, an Employer has to establish that any accommodation or changes to the standard would create undue hardship. There is a three-step process to determine when a specific accommodation creates an undue hardship and is a bona fide occupational requirement. The three-step process encourages the development of standards that are free from discriminatory barriers and that accommodate the contributions of all Employees.

14 page 14 Step 1: Establish a Rational Connection Was the requirement adopted for a purpose rationally connected to the performance of the job? Step 2: Establish Good Faith Did the employer adopt the requirement in an honest and good-faith belief that it was necessary to the fulfillment of a legitimate work-related purpose? Why was the standard developed? When and by whom was the standard developed? What process was used to develop the standard? Step 3: Establish Reasonable Necessity Is the requirement reasonably necessary to the accomplishment of that legitimate work-related purpose? Were alternatives to the standard or requirement considered? If so, why were they not adopted? Must all employees meet a single standard, or could different standards be adopted? Does the standard treat some more harshly than others? If so, was the standard designed to minimize this differential treatment? What steps were taken to find accommodation? Is there evidence of undue hardship if accommodation were to be undertaken?

15 page 15 Accommodation Process A. Recognize the need for accommodation: The Employee (or employment candidate) requests accommodation. The Employer has an obligation to recognize and explore conditions that may require accommodation; an employer has an obligation to initiate a discussion about accommodation when aware that an employee may have a need that has not been expressed. The Union also has an obligation to actively participate and cooperate with the accommodation process. B. Gather information and assess needs: Options are discussed with Employee, the Employer and the Union.

16 page 16 Simple accommodation requests (ie hours of work etc) may be agreed to between Manager and Employee. The following are possible in complex cases: o o C. Offer of accommodation An accommodation needs assessment and an internal review of the assessment; and Consideration of a third-party assessment (where applicable). Is made based on available information. D. Accommodation provided Is accepted and then implemented E. Monitoring and reviewing the accommodation An Employer's responsibilities to accommodate Employees (and employment candidates) with such things as physical access, adapted facilities, or food allergies require a system of monitoring and review. Accommodations that are not satisfactory require adjustments and modifications based on the requirements from the recommendations of the assessment. A reassessment may be required and additional experts or stakeholders may need to be consulted. F. Accommodation denied Employees who are denied accommodation on the basis of one of the 11 grounds of discrimination may also file a grievance under an existing Collective Bargaining Agreement. All Employees, represented or not, may file a complaint under the Canadian Human Rights Act. Complaints can be made in relation to any aspect of employment, including the working environment, training or promotions. The Employer, Employee and Union are responsible for cooperating in trying to determine and implement an appropriate accommodation. A reasonable accommodation proposed by a Manager may not be the Employee's preferred option, but it should represent both the Manager's provision of an appropriate accommodation solution and the Employee's cooperation and collaboration to find an accommodation. Alternate Position Considerations When considering an alternate position or a direct appointment based on an accommodation the following five key factors must be addressed: Qualifications, Skills and Abilities When identifying potential accommodated positions, the Employee must possess the minimum qualifications, skills and abilities to perform the essential duties of the position. Please note if the Employee is deficient in specific areas that short durations of training/education could resolve the position must then be considered as a viable option.

17 page 17 Employee Interest Employee interest should be assessed and incorporated into the accommodation process as much as possible. Mitigation of Wage Loss The mitigation of wage loss is often the most critical factor when identifying potential job opportunities. To the best of their ability, it is incumbent on the Employer to attempt to identify positions that mitigate wage loss. Minimal Placement Impact An accommodation must also consider the overall impact of the placement on other employees and therefore must attempt to minimize the impact. For example if another employee might lose their position due to an accommodation, case law would suggest that that an alternate solution is considered. Possess Functional Capacity The Employee must possess the physical functional ability to perform the bonafide operational requirements (BFOR) of the potential alternate placement. Undue Hardship Undue hardship describes the limit of an Employer's obligation to accommodate an Employee. It is reached when factors such as safety, health or cost make the Employer's burden in accommodating an Employee too high. The point of undue hardship is unique in each situation and should be assessed individually. Employers are expected to exhaust all reasonable possibilities for accommodation and demonstrate that they have followed a process (Accommodation Process) before they can claim undue hardship.

18 page 18 Accommodation Process Summary Steps Step One: a. Return to Pre-Disability Position b. Modified / Re-bundled Pre-Disability Position Step Two: a. Alternate Position - Same Branch b. Modified / Re-bundled Alternate Position - Same Branch Step Three: a. Alternate Position - Same Department b. Modified / Re-bundled Alternate Position - Same Department Step Four: a. Alternate Position - Same Division b. Modified / Re-bundled Alternate Position - Same Division Step Five: a. Alternate Position - Same Bargaining Unit b. Modified / Re-bundled Alternate Position - Same Bargaining Unit Step Six: a. Alternate Position - Different Bargaining Unit b. Modified / Re-bundled Alternate Position - Different Bargaining Unit Accommodation Six Step Process Step One: Return to regular work in the same job (i.e., no functional limitations): a. Can the Employee return to their pre-injury/illness position? If yes the Employee returns to his or her pre-injury/illness position, with the same responsibilities and workload. If no move to step 1b. b. Can the Employee perform their pre-injury/illness position with modified duties? If yes the Employer must consider if the Employee could perform a modified version of the position (as long as they can complete the essential duties of that position). Modified duties may include modified work duties and tasks, reduced workload, hours of work etc.

19 page 19 Step Two: Return to an alternate position in the same branch involving similar work (i.e., functional limitations are permanent and cannot be accommodated in the Employee s pre-injury/illness position): a. Can the Employee return (considering operational requirements, the Employee s limitations etc) to an alternate position in the same branch? If yes the Employee is direct appointed to that position. If no move to step 2b. b. Can the Employee perform the alternate position in the same branch with modified duties? If yes the Employer must consider if the Employee could perform a modified version of the alternate position (as long as they can complete the essential duties of that position). Modified duties may include modified work duties and tasks, reduced workload hours of work etc. Step Three: Return to an alternate position in the same department a. Can the Employee return (considering operational requirements, the employee s limitations etc) to an alternate position in the same department? If yes the Employee is direct appointed to that position. If no move to step 2b. b. Can the Employee perform the alternate position in the same department with modified duties (considering operational requirements)? If yes the Employer must consider if the Employee could perform a modified version of the alternate position (as long as they can complete the essential duties of that position). Modified duties may include modified work duties and tasks, reduced workload hours of work etc. Step Four: Return to an alternate position in the same bargaining unit. a. Can the Employee return (considering operational requirements, the employee s limitations etc) to an alternate position in the same bargaining unit? If yes the Employee is direct appointed to that position. If no move to step 2b. b. Can the Employee perform the alternate position in the same bargaining unit with modified duties (considering operational requirements)? If yes the Employer must consider if the Employee could perform a modified version of the alternate position (as long as they can complete the essential duties of that position). Modified duties may include modified work duties and tasks, reduced workload hours of work etc.

20 page 20 Step Five: Return to an alternate position in the same division Can the Employee return (considering operational requirements, the Employee s limitations etc) to an alternate position in the same division? If yes the Employee is direct appointed to that position. If no move to step 2b. Can the Employee perform the alternate position in the same division with modified duties (considering operational requirements)? If yes the Employer must consider if the employee could perform a modified version of the alternate position (as long as they can complete the essential duties of that position). Modified duties may include modified work duties and tasks, reduced workload hours of work etc. Step Six: Return to an alternate position in a different bargaining unit Can the Employee return (considering operational requirements, the employee s limitations etc) to an alternate position in a different bargaining unit? If yes the Employee is direct appointed to that position. If no move to step 2b. Can the Employee perform the alternate position in a different bargaining unit with modified duties (considering operational requirements)? If yes the Employer must consider if the employee could perform a modified version of the alternate position (as long as they can complete the essential duties of that position). Modified duties may include modified work duties and tasks, reduced workload hours of work etc.

21 page 21 Alternate Position Direct Appointment/Placement Implementation 1. The Human Resources Representative - Employee Health & Wellness will meet with the Employee to review and identify areas (positions) of interest and accommodation expectations (ie the employee must take an active role in searching and identifying positions). If applicable the Human Resources Representative - Employee Health & Wellness may provide the Employee with an opportunity for additional training in resume preparation and interview skills if applicable. 2. The Employee along with the Human Resources Representative - Employee Health & Wellness will identify potential positions based on the Five Key Accommodation factors; qualifications, skills and abilities, Employee Interest, mitigation of wage loss, minimal placement impact, physical functional capabilities and operational undue hardship based on the six steps of the accommodation process. 3. The Human Resources Representative - Employee Health & Wellness then contact the Hiring Manager, Human Resources Associate (Client Services & Labour Relations) conducting the recruitment and the Union, to inform them that the position in question is being considered for a potential accommodation. The Human Resources Representative - Employee Health & Wellness will also provide any information regarding the Employees abilities and restrictions/limitations (ie lifting < 20lbs, can only work 3 days/week etc) to the hiring Manager and HRA (Client Services & Labour Relations). 4. The Human Resources Representative - Employee Health & Wellness will then advise the Employee to submit an application (resume) for the identified position/s. 5. The Human Resources Associate (Client Services & Labour Relations) will then review the Employees application and skills and abilities to determine if the applicant possesses the minimum qualifications for the position and to identify any potential gaps. These gaps are then summarized and documented and provided to both the Human Resources Representative - Employee Health & Wellness and the hiring Manager. 6. The Human Resources Representative - Employee Health & Wellness will then arrange for the Employee to meet with the hiring Manager for a general discussion about the position and to answer any questions. 7. If applicable and with the approval of the hiring Manager the Employee will then be provided with an opportunity to job shadow the position in question. 8. The Human Resources Associate (Client Services & Labour Relations) will then contact the Employee to participate in interview process (and any other testing if required). 9. Upon completion of the interview process the Human Resources Representative - Employee Health & Wellness will then contact the Hiring Manager and the Human Resources Associate (Client Services & Labour Relations) to meet and discuss the

22 page 22 outcome of the interview process and if the Employee is a viable option for the position. 10. If the Employee has been identified as a potential fit for the position but is deficient in a few specific areas the Human Resources Representative - Employee Health & Wellness will work with the Employee and Manager in identifying alternate sources of training. 11. If the Employee is successful as the selected applicant the Human Resources Representative - Employee Health & Wellness will then review and confirm salary and benefits with Labour Relations and then will communicate the confirmed info to Payroll, the Hiring Manager, the HRA (Talent Management) and to the Employee. 12. The Human Resources Representative - Employee Health & Wellness will then contact the Human Resources Associate (Talent management) to complete the Checklist and letter of offer (based on a medical accommodation). 13. If applicable prior to the Employee s start date, the Human Resources Representative - Employee Health & Wellness will arrange for an ergonomic assessment of the Employee s new workstation. The hiring department is responsible for the cost and provision of any recommended assistive equipment. Provisions of a Collective Agreement: A viable accommodation can override the provisions of a collective agreement, unless the proposed accommodation would significantly interfere with the rights of other Employees. However, recent rulings have said that, before trumping a collective agreement, other less intrusive accommodations must be investigated first by the Employer. Only when no other appropriate accommodation is possible should a proposal that would interfere with collective agreement rights be adopted. Even then, a proposed accommodation that would cause the loss of another employee s job (i.e., bumping a senior employee out of a job), or granting super-seniority to an accommodated employee (i.e., red-lettering her or him, so that he or she couldn t be bumped) would amount to an undue hardship because of its impact upon the job interests of other Employees. Seniority rights have been the biggest area of friction when accommodation proposals run up against negotiated provisions in a collective agreement. The emerging rules on reconciling this tension state that: Collective agreement rights are important, and accommodation proposals that do not interfere with bargained entitlements must be exhaustively explored first. Significant job rights such as an incumbent s job position are not to be interfered with by an accommodation. This would amount to an undue hardship. Less important job entitlements, where no actual loss of a position is involved, would be eligible candidates for an accommodation. An example would be a posted vacancy. Here, the interference with collective agreement rights, while real, would not be seen as significant, because no incumbent would be displaced from his or her actual job.

23 page 23 EMPLOYEE CONSENT FORM The City of Regina is dedicated to assisting employees in rehabilitating from the effects of injury or illness. In order for the City of Regina to assist you with any proactive rehabilitation and/or return-to-work plans, we need to ask your health care provider or your Workers Compensation Board Customer Service Representative for medical information. The City s Human Resources Representative - Employee Health and Wellness will keep this medical information in strict confidence. The medical information we request is specific to your functional (work) capabilities AUTHORIZATION TO RELEASE FUNCTIONAL (WORK) ABILITY INFORMATION: This authorization is provided on the basis that the City of Regina keep all information strictly confidential. I Employee s name authorize my Physical/Health Care Provider and/or my WCB Case Manager Physician s/health Care Provider s name WCB Case Manager s Name to release functional (work) ability information exclusively to the City s Human Resource Representative - Employee Health and Wellness Consultant or Medical Consultant. This information will only be used to help assist in the development of a proactive rehabilitation and/or return-to-work plan for me. I further authorize the City of Regina Human Resource Representative - Employee Health & Wellness to release/disclose pertinent Medical/Employee information to applicable Medical/Healthcare Providers for the purposes of identifying additional treatment, rehabilitation and/or assessment or if applicable, to the Employee Rehabilitation Officer / Great West Life, for Long Term Disability processing. Employee s Signature Witness Date Note: this authorization shall be valid for one year from the date of signature, or until the employee returns to work with no restrictions. This consent can be withdrawn in writing by the employee at any time. A photocopy or fax of this authorization is valid as the original.