RETURN TO WORK POLICY. Introduction

RETURN TO WORK POLICY Introduction Humber College values the contributions its employees make to the overall goals and objectives of the College and is committed to providing a co-operative and pro-active environment in assisting and supporting those employees who are unable to perform their job responsibilities as a result of an illness or injury. At the same time, employees have a fundamental obligation to the College to maintain regular attendance. The following policy has been developed to reflect previous practices which worked well. Also considered were discussions with local employee representatives, regarding workplace accommodations, and the letter of understanding contained in the respective Collective Agreements. It is the intent of this policy to maintain an effective Return to Work process utilizing available resources efficiently and minimizing bureaucratic delays. Nothing in this policy will limit the employees eligibility to benefits outlined in the respective Collective Agreements, Benefit Booklets or stated in College Policies. 1

A) Statement of Commitment 1. Legislation Humber College, the employees and their representatives, recognizes the requirement contained in relevant legislation such as the Human Rights Code and the Occupational Health and Safety Act to return employees on disability leave to work as soon as it is safe to do so. 2. How Policy Works The College is confident that the Return To Work (RTW) policy will be equally beneficial to the employees and the College and is pleased to have the support of the Employee Representatives in achieving the goals of this policy. To ensure the best results, all parties will be required to work in a spirit of co-operation. Specifically, the College s commitment is demonstrated by the following: Strategies that support the statement of commitment and form a framework within which individual return to work cases are managed A description of Roles and Responsibilities for the various stakeholders involved in the RTW process A Return to Work Process that outlines the steps to be followed in managing individual return to work cases A Dispute Resolution process A Communications and Training component A Continuous Improvement component that sets out a process for regular reviews of the program 2

B) Strategies 1. Early Intervention and Assistance To facilitate an early intervention, it is important for the employee to contact the Supervisor as soon as possible if he/she cannot come to work for medical reasons. An early understanding of the employee s inability to perform some or all of the duties and responsibilities is important information for the Supervisor to plan work alternatives. Medical documentation will be forwarded to Human Resources to maintain confidentially. However, Supervisors should be kept up to date with respect to anticipated return to work dates and work restrictions. If the anticipated absence exceeds 10 days, the RTW Coordinator needs to be advised immediately to commence the process of identifying return to work opportunities. 2. Co-operative Approach The employer, the employee and the employee representatives understand their obligation under the relevant legislation and will work together to achieve the objective of this policy to return the employee to work as soon as it is safe to do so. All stakeholders in the process will co-operate in sharing essential information on a timely basis. If delays occur due to delays by medical doctors to provide required information for example, the stakeholders will attempt to work around the problem. If the employee can perform some but not all of the regular duties, the stakeholders will attempt to accommodate the employee s restrictions. 3. Dispute Resolution Any differences of opinions will be discussed in a spirit of co-operation and with the understanding of the obligations all stakeholders have under this policy. 3

4. Confidentiality The College is committed to protecting the confidentiality of employee medical and personal information. All employees are made aware of when and how information is shared with other stakeholders. All employees are made aware of their rights regarding confidentiality. Medical information will be made available on a need to know basis only. For Supervisors this would include return to work dates and restrictions. All stakeholders will be advised about their responsibility to maintain confidentiality of medical information. Medical documents will be kept in a secure area in Human Resources. Employees at their sole discretion may wish to involve the Association or Union Representatives with respect to their medical circumstances and any concerns they have with respect to return to work arrangements. 5. Accommodation Procedure The purpose of the Accommodation Procedure is to facilitate temporary or permanent accommodation to provide meaningful modified work to all ill or injured employees unable to perform their regular work. The attached Accommodation Procedure is considered a guideline in support of the RTW policy. 4

C) Roles and Responsibilities Collectively the various stakeholders support the RTW process. Individuals have different responsibilities and may be involved at different phases of the process. The RTW Program Committee monitors the effectiveness of the process. The RTW Team provides assistance in the day to day activities. Specific roles and responsibilities are as follows: RTW Program Committee Reviews progress and effectiveness of the RTW process on an annual basis or more often if requested by a majority of its members Reviews information provided by the various RTW Teams or others and may recommend improvements to the process or policy Supports objectives of RTW program The RTW Program Committee consists of 6 members who are appointed as follows: 1 member appointed by local Academic Union 1 member appointed by local Support Staff Union 1 member appointed by the local OCASA 3 members appointed by the College s Management RTW Team RTW Teams are established and convened by the RTW Coordinator (Human Resources Consultant) on a need basis RTW Team members would typically include the employee, his/her representative if requested, the Supervisor of the area and the RTW Cooordinator The purpose of the RTW Team is to assist in the timely resolution of difficulties in the RTW process and obtain a broad based acceptance of the RTW action plan Employee Initiates early contact with supervisor and maintains contact throughout the absence Maintains contact with the RTW Coordinator (Human Resources Consultant) as required Focuses on recovery and obtains appropriate medical treatment Provides information necessary for RTW planning and cooperates in the RTW process Participates in identifying return to work options Makes a reasonable effort to ensure a successful early return to work/accommodation May contact his/her Union Representative to assist in the RTW process 5

Supervisor Ensures early contact with absent employee and maintains contact throughout the employee s absence Identifies return to work options within the work area based on the returning employee s abilities and limitations Obtains return to work dates and work restrictions from employee or other RTW team members Participates in assessment and return to work planning process Makes a reasonable effort to implement the RTW arrangements for the employee RTW Coordinator (Human Resources Consultant) Initiates and maintains contact with the employee whose absence exceeds 10 working days Coordinates the return to work activities and implements the RTW process Ensures the employee understands the procedures and responsibilities Consults with the employee, union or association, supervisor, treating physician and other stakeholders on abilities/restrictions, job demands and timing of return to work Develops and documents RTW plans and job match when an employee cannot go back to the pre-illness job Coordinates and documents supporting assessments and programs Establishes and convenes RTW Team meetings as required Communicates with other stakeholders and reports annually to the RTW Program Committee Maintains relevant statistics Union or Association Representative Represents employees when requested by the employee Assists employee in understanding procedures and his/her responsibilities regarding RTW process Participates in RTW Team meetings if required Participates in assessment and development of RTW plans if required Assists with co-worker communications Director, Human Resources Ensures consistency of application Ensures appropriate training for staff Provides general communication about the RTW process Annually receives recommendations for improvement provided by the RTW Program Committee and advises Senior Management about the RTW progress Mediates in disputes 6

Employee s Health Care Provider(s) Treats the employee s illness or injury Supports the employee in return to work efforts Provides abilities and limitations information Reviews and when warranted for medical reasons, provides feedback on RTW plans Considers clinical interventions to support return to work Provide Human Resources immediately with information of work related injuries Co-Workers Support the returning employee Insurance Carrier (Sun Life) And Workplace Safety Insurance Board (WSIB) Both the Insurance Carrier and WSIB will retain their respective responsibilities and the efforts of the Return To Work team will not challenge or alter the Insurance Carrier s contractual and WSIB s legislative authority. The current appeal process with respect to Group Insurance benefit entitlement will be retained (i.e. Joint Insurance Committee). The current legal reporting relationship to WSIB for the employer and the employers right to appeal WSIB benefit entitlement determination will be retained. Nothing in the above will prevent the stakeholders of the Return To Work Process to conduct a joint appeal if the parties so desire. 7

D) Occupational Disability 1. An employee experiencing a work related illness or injury is required to report to the College s Health Centre. 2. The nurse at the Health Centre will treat the employee and provide an Employee Injury Treatment Report to Human Resources immediately. 3. Depending on the seriousness of the situation, the employee may be advised to return to work, seek the services of a Physician or be transported to a hospital. 4. If the employee has been treated by a Physician and/or misses work due to the work related illness or injury, the College is legally required to submit a Form 7 to WSIB within 72 hours. 5. The employee, the Employee Representatives and the College have a legal obligation to return the individual on an occupational disability absence to work as soon as it is safe to do so. 6. Other steps of the return to work process will be similar for occupational and nonoccupational disabilities. 8

E) Steps In The RTW Plan Step 1: Step 2: Step 3: Step 4: Step 5: Step 6: Step 7: The employee misses his/her regular work. An absent employee phones his/her supervisor at the beginning of the first day of absence. This conversation should take place with the employee s direct supervisor and the employee makes the call him/herself unless incapacitated, e.g. in the hospital. The supervisor will try to ascertain whether or not the employee s absence is related to an occupational (WSIB) injury/illness. If it is a WSIB absence, the process outlined in (D) Occupational Disability will be followed as well. If the absence is not likely to be more than 5 working days, and is not part of a pattern of absence, then no further action is required and the absence is managed at the local level. If the absence is likely to be, or has reached, more than 5 working days, and is approaching 10 working days or where there is a pattern of absence that has a negative impact on the employment relationship, the Supervisor notifies the RTW Coordinator (Human Resources Consultant) of the absence. The RTW Coordinator contacts the employee as soon as possible, but no later than within 10 working days of notification, to assess the possible accommodation and return to work needs and to determine when the employee expects to return to work. The RTW Coordinator will request the employee to provide abilities and limitation information from the Physician to determine (a) that a return to work is not imminent, or (b) that a return to work or accommodation plan would expedite the employee s return to work. The Health Care Provider s Assessment of Work Abilities/Limitations is a tool for determining what an employee can or cannot do with regard to his/her job. The RTW Coordinator sends the form either with the employee or directly (with the consent of the employee) to the treating Health Care Provider(s). 9

Step 8: Step 9: Step 10: Step 11: Step 12: Step 13: Step 14: Step 15: Step 16: The RTW Coordinator contacts the supervisor to discuss the Supervisor s obligations and requirements to accommodate the employee, any issues that may impact on the return to work and obtains a description of job demands. At the discretion of the employee, the RTW Coordinator will contact the union representative to obtain the union or association s input on this particular situation. The RTW Coordinator assesses the job demands against the abilities/limitations, as provided by the treating Health Care Provider(s) and the possible accommodations needed. The RTW Coordinator determines if the solution will be straightforward or not, based on the feedback received. If it is straightforward, the solution will be implemented as soon as possible. When the RTW solution is not straightforward, the RTW Coordinator arranges for a RTW Team meeting. The purpose of the RTW Team meeting is for all parties to discuss and reach consensus on the components of the return to work plan. The RTW Coordinator develops and documents the RTW plan as per the consensus reached at the RTW Team meeting. The RTW plan may be forwarded to the treating Health Care Provider(s) by the RTW Coordinator or by the employee requesting feedback on any medical concerns that would interfere with the plan. Follow-up with the Health Care Provider(s) occurs as necessary. The RTW Coordinator communicates with the RTW Team to review and revise the RTW plan according to the medical concerns and resubmit it to the Health Care Provider(s). The RTW Coordinator will monitor the progress of the RTW plan. The RTW Coordinator will keep all members of the RTW Team informed of progress. If required, the RTW Coordinator will contact team members to deal with difficulties of implementation. 10

F) Dispute Resolution Process General This RTW Policy suggests a dispute resolution process identified below, but it is not intended to limit employees rights provided in applicable Collective Agreements (OPSEU) or Terms and Conditions of Employment (OCASA). The success of the RTW policy is based on co-operation and the acceptance of the objectives of the policy of all involved. While it is assumed that all stakeholders are motivated, it is possible that individuals may have a legitimate difference of opinion. It is the responsibility of the RTW Coordinator to clarify the nature of a difference of opinion or a dispute and resolve it by reaching consensus. Depending on the nature of the dispute, the RTW Coordinator may resolve the issue on a one-to-one basis. Alternatively, the RTW Coordinator or the employee or the employee representative as requested, may feel that a team meeting may be helpful to resolve an issue. In other situations more medical information may be required to better understand an employees restrictions to perform certain functions. If the RTW Coordinator is not successful in reaching consensus, the Director, Human Resources will be invited to listen and mediate between those who have a difference of opinion for the purpose of reaching consensus. Failing that, the Director, Human Resources will implement a balanced resolution given due consideration to what is best for the employee and the College. 11

G) Communication and Training The success of this RTW Policy will depend on how well all stakeholders understand the purpose of this policy and their respective roles in the RTW process. The College will communicate the introduction of this policy to all employees in the Communique and employees are entitled to receive a copy of this policy if they request it. New employees are made aware of the policy during their orientation. Supervisors will be advised by Senior Management of the College what their obligation is to reasonably accommodate employees with restrictions. Important issues arising over time will be communicated directly to all employees. As required, the RTW Coordinator will identify and provide specific guidance and training to ensure that everyone involved in the process, understands their roles and responsibilities. All communication will respect the confidentiality of medical and personal information. 12

H) Continuous Improvement The objective of the RTW to facilitate employee s early return to work will remain constant. The process may be reviewed and potentially modified overtime if it is seen as desirable by the stakeholders. Input from employees, employee representatives and management of the College is important and will be valued. Proposed improvements will be discussed and will be considered if it enhances the objective of this policy or streamlines the process. The RTW Coordinator will report annually to the RTW Program Committee. All RTW Team members are encouraged to provide input for the report. A copy of the report will be available to the members of the RTW Team with the understanding that certain information in the report may be confidential. The RTW Program Committee may recommend improvements to Management. 13

ATTACHMENT I Humber College Institute of Technology and Advanced Learning Accommodation Procedure Introduction The College recognizes the requirement to accommodate employees with disabilities and the College follows the relevant legislation such as the Ontario Human Rights Code and the Occupational Health and Safety Act. Accommodation Arrangements Employees with disabilities may require certain workplace accommodations. To initiate such accommodation arrangements, employees are encouraged to follow the procedure outlined below. Steps To Initiate Accommodation Arrangements The Employee: 1. Will contact the respective Human Resources Consultant (faculty Christy Lihou at extension 4225; Support and Admin = Teeter Leinveer at extension 4948) or Gerd Rehding, Associate Director, Human Resources at extension 4334 in the absence of the Human Resources Consultant. 2. Will provide medical evidence to the Human Resources Consultant, supporting the need for accommodation; medical information is confidential and will remain within Human Resources. 3. Will cooperate with the Human Resources Consultant in providing additional information required to understand the nature of the accommodation. 4. May request his or her Union representative to be present during the meeting. 14

The Human Resources Consultant: 1. Will notify the respective Manager for the purpose of facilitating the accommodation. 2. Will discuss the anticipated accommodation arrangement with the employee in the presence of the Manager to ensure that arrangements meet reasonable accommodation objectives. 3. Will monitor the effectiveness and progress of arrangements and initiate additional arrangements if required. The Manager: 1. Will contact the Human Resources Consultant if approached by an employee for workplace accommodation for medical reasons. 2. Will cooperate in facilitating workplace arrangements as required or will propose alternate arrangements. 15