University Secretariat and Legal Counsel

University Secretariat and Legal Counsel

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Return to Work Procedure

Contact Officer:  Manager, Return to Work & Accommodation Department


Purpose

Section 29 of the Integrated Accessibility Standards Regulation (191/11) made under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) requires every large employer (greater than 50 employees) to develop, document and have in place a return to work process for its employees who have been absent from work due to a Disability and require Disability-related Accommodation Measures in order to return to work. In addition, for employers of injured employees, there exists a duty under the Workplace Safety and Insurance Act, 1997 to co-operate in the early and safe return to work of the employees. This process will serve to act as a resource for University employees who require sick leave.

Procedure

Absence Resulting from Workplace Accident, Injury or Occupational Disease:

Responsible Officer/Section

 

Step

 

Process

Officers of the University

1.

Officers of the University must report any accident or injury occurring at the workplace to Department of Environmental Health and Safety and complete the required Workplace Safety and Insurance Board (WSIB) paperwork located by accessing this link:  http://www.safety.queensu.ca/incident.htm

 

This must be completed within 24 hours of when the Officer of the University becomes aware of the accident or injury.

Employee 2. Following an accident, injury, or Occupational Disease arising out of and in the course of employment, the employee must have their physician complete a Functional Abilities Form, indicating the employee's capabilities, limitations and expected recovery time, and the employee shall submit a copy of same to an Officer of the University.
Officer of the University 3. Upon receipt of the Functional Abilities Form, the Officer of the University will forward this paperwork to the Department of Environmental Health and Safety.
Department of Environmental Health and Safety 4 Will submit the WSIB paperwork and the Functional Abilities Form to WSIB. They will also notify the Return to Work & Accommodation Department should the accident, injury, or Occupational Disease result in a lost time claim of greater than 3 days and/or should the accident, injury, or Occupational Disease require an Accommodation Measure.
Return to Work & Accommodation Department/Officer of the University 5. Will assess whether or not the employee is still able to perform the Bona Fide Occupational Requirements of their job, or whether suitable alternate work is available for the employee in accordance with the Accommodation of Disabilities in the Workplace Policy & Procedure.
Return to Work & Accommodation Department 6. Will develop a Return to Work Plan to outline the employee's duties upon returning to work through to their full duties. The Return to Work Plan will address the following:
  • The employee's ability to perform the Bona Fide Occupational Requirements of their pre-Disability job and whether any Accommodation Measure may be necessary,
  • Whether suitable modified work is available for the employee,
  • Whether other employment is available to the employee,
  • The expected duration of any Accommodations Measure.
Officer of the University, Employee, Return to Work & Accommodation 7. Monitor and review the Return to Work Plan regularly until it has been completed. The Return to Work Plan may be modified, as required, if the employee is not able to return to work as per the plan.

 

Absence Resulting from Disability (non-workplace related):

Responsible Officer/Section

 

Step

 

Process

Employee

1.

Must notify the Officer of the University on first day of absence, in accordance with their departmental call-in procedures.

Officer of the University 2. Can request that Substantiated Medical Documentation be provided on the day of the absence. All medical information must be directed to Return to Work & Accommodations Services, Human Resources, Fleming Hall, Stewart-Pollock Wing.
Employee 3. When requested, the employee must provide relevant medical information to the Return to Work & Accommodation Department in order to substantiate their entitlement to the Queen's University Sick Leave Benefit. Employees seeking sick leave are expected to provide their fullest cooperation in providing any information or medical assessments relevant to determination of the sick leave request.
Return to Work & Accommodation Department 4. Issues requests to employee for Substantiated Medical Documentation that is relevant to the sick leave being requested. Information will be received under the consent of the employee.
Return to Work & Accommodation Department/Officer of the University 5. Will assess whether or not the Employee member is still able to perform the Bona Fide Occupational Requirements of their job, or whether suitable alternate work is available for the employee in accordance with the Accommodation of Disabilities in the Workplace Policy & Procedure.
Return to Work & Accommodation Department 6. Will develop a Return to Work Plan to outline the employee's duties upon returning to work through to their assumption of full duties. The Return to Work Plan will address the following:
  • The employee's ability to perform the Bona Fide Occupational Requirements of their pre-Disability job and whether any Accommodation Measures may be necessary;
  • Whether suitable modified work is available for the employee;
  • Whether other employment is available to the employee; and
  • The expected duration of any Accommodation Measures.
Employee 7. If not satisfied with the Return to Work Plan, 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 the Grievance Procedure document, if applicable.
Officer of the University, Employee, Return to Work & Accommodation Department 8. Monitor and review the Return to Work Plan regularly until regular monitoring is deemed unnecessary. The Return to Work Plan may be modified, as required, if the employee does not return to work as per the plan and Substantiated Medical Documentation has been provided to warrant the adjustment.
Return to Work & Accommodation Department 9. 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), as applicable, ensure the confidentiality of the employee's personal sick information, including disclosure of such information to those who need to know in order to assess a sick leave claim, a Return to Work Plan and/or an Accommodation Plan.

Return to Work Policy Definitions

Date Approved:

Approval Authority: Vice-Principals' Operations Committee

Date of Commencement:

Amendment Dates:

Date for Next Review: January, 2020

Related Policies, Procedures and Guidelines: