University Secretariat and Legal Counsel

University Secretariat and Legal Counsel

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Individualized Disability Accommodation Procedures

Contact Officer:  Manager, Return to Work & Accommodation Department


Purpose

Section 28 of Ontario Regulation 191/11 under the Accessibility for Ontarians with Disabilities Act requires the University to have in place a written process for the development of documented individual Accommodation Plans for employees with a Disability. These procedures outline the elements required for an individual Accommodation Plan to meet the requirements of the Act and Regulation 191/11.

Procedure

      Responsible Officer/Section Step Process
      Officers of the University, Human Resources 1. During the recruitment process, the University shall notify job applicants and the public about its commitment to accommodate persons with disabilities, and shall advise applicants selected for an interview that an Accommodation Measure is available upon request. If a selected applicant requests an Accommodation Measure, the University will consult with the applicant and provide or arrange for the provision of a suitable Accommodation Measure in a manner that takes into account the applicant's accessibility needs due to Disability
      Officers of the University, Human Resources 2. Successful applicants and employees shall be notified of the University's policies regarding accommodating employees with disabilities as soon as practicable after their employment begins and whenever a change in policy takes place
      Employee 3. Employees who wish to raise a potential accommodation issue shall do so by submitting a request for an Accommodation Measure, preferably in writing, to their immediate manager. The request shall:
      • Describe the condition or circumstances causing the accommodation issue
      • Describe, in detail, the Accommodation Measure sought to address the need.
      Employee 4. When necessary to facilitate the assessment and determination of the Accommodation Measure, the employee may be required to participate in the development of the Accommodation Plan and provide relevant medical information to the University. Employees seeking an Accommodation Measure are expected to provide their fullest cooperation in providing any information or medical assessments relevant to determination of the Accommodation Measure.
      Return to Work & Accommodation Department 5. May issue a request(s) for medical information to treatment provider relevant to the Accommodation Measure being requested. Information will be sought with the consent of the employee.
      Return to Work & Accommodation Department/Officer of the University 6. Will jointly assess the accommodation issue in light of the information provided and the individual needs of the employee and the operational requirements of the University. During the assessment phase, the University reserves the right to require further information, including relevant medical information or opinions that will assist the University to determine if an Accommodation Measure can be achieved and how it can be achieved. The University further reserves the right to require the employee to participate in a formal needs assessment by a qualified medical practitioner or other trained professional in order to assist in determining what Accommodation Measure is needed, how much it will cost, and how it can be provided. Representatives of any applicable collective bargaining agent may participate in this process if outlined in the relevant collective agreement
      Return to Work & Accommodation Department/Officer of the University 7. Will jointly finalize a decision regarding the Accommodation Measures. The officer of the University shall notify the employee in writing or other format as required by the employee's Disability, the decision and the reason(s) for the decision.
      Employee 8. If not satisfied with the written decision regarding the request an Accommodation Measure, the employee may appeal the decision of the Return to Work & Accommodation Department through a formal grievance process and/or through following the procedures outlined in the Harassment/Discrimination Complaint Policy and Procedure document or Grievance Procedure document, if applicable.
      Return to Work & Accommodation Department 9. Shall ensure that the employee's personal medical information shall be kept confidential and only disclosed to those necessary in the assessment and development of the Accommodation Measure in accordance with the Freedom of Information and Protection of Privacy Act (FIPPA), the Personal Information Protection and Electronic Documents Act (PIPEDA), and the Personal Health Information Protection Act (PHIPA)
      Return to Work & Accommodation Department/Department of Environmental Health and Safety 10. Shall provide an individualized Accommodation Plan that includes workplace emergency response information, if required, accessible formats and communication supports, if requested, and any other Accommodation Measure that is to be provided.
      Employee 11. Employees who are absent from work because of Disability must participate in the development of an individual Accommodation Plan. Employees who require an Accommodation Measure in order to return to work must submit a request for Accommodation Measures in accordance with Step 3 above.
      Return to Work & Accommodation Department/Officer of the University/Employee 12. Accommodation Plans will undergo a formal review should one of the follow events occur:
      • The employee moves to a new location in the workplace;
      • The employee experiences a change in the nature of their medical condition;
      • The needs of the University change in a way that effects the Bona Fide Occupational Requirements of the employee's job;
      • Upon review of Queen's University's general emergency response policies; or
      • One year following the creation of the Accommodation Plan.
      Officers of the University 13. Take into account the accessibility needs of its employees and individual Accommodation Plans when managing an employee's performance, career advancement or opportunities for redeployment.
      Equity Office 14. All employees and volunteers will be provided with adequate training with respect to the Ontario Human Rights Code, The Accessibility for Ontarians with Disabilities Act, 2005 and the accessibility standards required thereunder.

      Accommodation of Disabilities Definitions

      Date Approved: January 12, 2015

      Approval Authority: Vice-Principals' Operations Committee

      Date of Commencement:

      Amendment Dates:

      Date for Next Review: January 2020

      Related Policies, Procedures and Guidelines: