Best Practices in Disability Management
It is well-known that Ontario employers deal with complex duties and obligations when managing an employee with a disability. An employer’s failure to properly manage employees with disabilities may result in a number of potential liabilities, including grievances, civil actions, and complaints made pursuant to human rights legislation.
In this session, we will offer an in-depth look at two issues that commonly arise in the disability management process. We will address the following:
(1) How to appropriately conduct disability management meetings. Who should be present and what should be discussed? What is an appropriate way to ask for additional medical information about an employee's disability, or to establish a return to work plan, during such a meeting? When, if ever, will communication with an employee regarding medical information be considered discrimination or harassment?
(2) How to approach an employee's refusal to agree to or follow a return to work plan. What rights and responsibilities do employers and employees have in this situation? Must an employee at least try to follow the terms included in a return to work plan? When, if ever, can an employer discipline an employee for such reluctance or refusal?