{"id":2834,"date":"2022-07-18T20:03:55","date_gmt":"2022-07-19T00:03:55","guid":{"rendered":"https:\/\/staging-citation-canada.hrdownloads.com\/?p=2834"},"modified":"2023-03-20T16:23:48","modified_gmt":"2023-03-20T20:23:48","slug":"the-advisory-chronicles-you-ve-received-a-medical-note-what-are-your-next-steps","status":"publish","type":"post","link":"https:\/\/staging-site.citationcanada.com\/fr\/blog\/article\/the-advisory-chronicles-you-ve-received-a-medical-note-what-are-your-next-steps\/","title":{"rendered":"The Advisory Chronicles: You\u2019ve Received a Medical Note. What Are Your Next Steps?"},"content":{"rendered":"\n<p><span style=\"font-family: arial, helvetica, sans-serif;\">Workplace accommodation is an area we\u2019ve been getting a lot of questions about lately. Many of our clients have been receiving accommodation requests from their employees, and it\u2019s left them wondering what they need to do next.<\/span><\/p>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\">There are a lot of misconceptions around <a style=\"color: #006fd6;\" href=\"https:\/\/staging-citation-canada.hrdownloads.com\/blog\/article\/debunking-myths-about-workplace-accommodations#072022-workplace-accommodations\" target=\"_blank\" rel=\"noopener\" data-anchor=\"#072022-workplace-accommodations\">workplace accommodations<\/a>, but the overall goal is to ensure that employees are not unfairly excluded. This may mean that working conditions need to be adjusted to provide equal opportunities, access, and benefits. Disability is one of the most common characteristics that employers must accommodate, so we\u2019ll focus on disability-related accommodations throughout this post.<\/span><\/p>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\">We know workplace accommodations can be a challenging area to understand, so we asked our HR experts to break down everything you need to know about accommodation requests.<\/span><br><\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong><span style=\"font-family: arial, helvetica, sans-serif;\">Q: What is the duty to accommodate?<\/span><\/strong><\/h3>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\"><strong>A:<\/strong> Employers are legally obligated to reduce or eliminate discriminatory barriers that prevent employees with a <a style=\"color: #006fd6;\" href=\"https:\/\/laws-lois.justice.gc.ca\/eng\/acts\/h-6\/section-3.html\" target=\"_blank\" rel=\"noopener\">protected characteristic<\/a> from fully participating in the workplace. Check the human rights legislation for your jurisdiction for a list of the protected characteristics that apply to your workplace.<\/span><\/p>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\">The duty to accommodate has two components: procedural and substantive. Failing to fulfill either can lead to liability.<\/span><\/p>\n\n\n\n<ul><li><span style=\"font-family: arial, helvetica, sans-serif;\"><span style=\"font-family: arial, helvetica, sans-serif;\"><strong>The procedural duty to accommodate<\/strong> includes the accommodation process itself, from collecting all relevant documentation to assessing what types of accommodation could be provided.<\/span><\/span><\/li><li><span style=\"font-family: arial, helvetica, sans-serif;\"><strong>The substantive duty to accommodate<\/strong> involves using the information gathered and then implementing reasonable accommodations to meet the employee\u2019s needs.<\/span><\/li><\/ul>\n\n\n\n<h3 class=\"wp-block-heading\"><strong><span style=\"font-family: arial, helvetica, sans-serif;\"><br>Q: What is undue hardship?<\/span><\/strong><\/h3>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\"><strong>A:<\/strong> Under human rights legislation, organizations have a duty to accommodate to the point of undue hardship. There is no set standard for what is considered \u201cundue\u201d because every organization will have unique circumstances. Generally, human rights legislation and government bodies recognize only three considerations when assessing undue hardship.<\/span><\/p>\n\n\n\n<ul><li><span style=\"font-family: arial, helvetica, sans-serif;\"><span style=\"font-family: arial, helvetica, sans-serif;\"><strong>Cost:<\/strong> The financial impact of providing the accommodation would be so severe that it would impact the survival of the business.<\/span><\/span><\/li><li><span style=\"font-family: arial, helvetica, sans-serif;\"><span style=\"font-family: arial, helvetica, sans-serif;\"><strong>Outside sources of funding, if any:<\/strong> Accommodation funds, government grants, or loans should be considered to offset costs of the accommodation.<\/span><\/span><\/li><li><span style=\"font-family: arial, helvetica, sans-serif;\"><strong>Health and safety requirements, if any:<\/strong> The accommodation would pose a significant risk to the person requesting the accommodation or to other employees or customers.<\/span><\/li><\/ul>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\">Some degree of hardship is expected when it comes to accommodations. If it crosses the threshold, you can claim undue hardship; however, the burden of proof will be on you as the employer. You would need to provide facts, figures, and scientific data or expert opinion to support a claim that the proposed accommodation would cause undue hardship.<\/span><\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong><span style=\"font-family: arial, helvetica, sans-serif;\"><br>Q: Can I ask for additional information about an employee\u2019s medical condition?<\/span><\/strong><\/h3>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\"><strong>A:<\/strong> Yes, but you will need to tread carefully. Let\u2019s say you receive a medical note that indicates a leave, restrictions, or accommodation is required for medical reasons. In fact, we often hear from clients that they receive notes reflecting \u201cthe patient indicates\u201d or \u201cI suggest or recommend.\u201d<\/span><\/p>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\">In this case, you can certainly require additional information from the medical provider. However, you should avoid asking for specific details about the employee\u2019s disability. Employees are not obligated to disclose that information. Instead, find out more about the requested accommodation and what the employee\u2019s abilities and limitations are in the context of their job duties.<\/span><\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong><span style=\"font-family: arial, helvetica, sans-serif;\"><br>Q: Who should be involved in the accommodation process?<\/span><\/strong><\/h3>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\"><strong>A:<\/strong> Meeting the duty of procedural accommodation is a collaborative process between the employee, employer, and healthcare provider.<\/span><\/p>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\">Unions and professional associations should also take an active role as partners in the accommodation process. They should share joint responsibility with the employer to facilitate and support accommodation measures regardless of collective agreements, unless doing so would create undue hardship.<\/span><\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong><span style=\"font-family: arial, helvetica, sans-serif;\"><br>Q: What responsibilities do employees have in the accommodation process?<\/span><\/strong><\/h3>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\"><strong>A:<\/strong> Employees should participate in discussions about potential accommodations, collaborate with employers to find adequate solutions, and follow accommodation plans.<\/span><\/p>\n\n\n\n<ul><li><span style=\"font-family: arial, helvetica, sans-serif;\"><span style=\"font-family: arial, helvetica, sans-serif;\"><strong>Make their accommodation needs known:<\/strong> The employee should take part in discussions about accommodation solutions. It\u2019s important that employees understand they are not entitled to their preferred accommodation. However, the accommodation does need to meet their disability-related needs and should be deemed reasonable under human rights legislation.<\/span><\/span><\/li><li><span style=\"font-family: arial, helvetica, sans-serif;\"><span style=\"font-family: arial, helvetica, sans-serif;\"><strong>Cooperate with their employer:<\/strong> The employee should answer questions and provide information about restrictions or limitations related to their medical condition. They should also provide employers with requested information and relevant updates from their healthcare provider.<\/span><\/span><\/li><li><span style=\"font-family: arial, helvetica, sans-serif;\"><strong>Follow their accommodation plan:<\/strong> After an accommodation plan is set, employees should not perform any tasks that are restricted under this plan. Conversely, if the employee is refusing to do tasks that are not restricted, they will need to provide updated medical documentation.<\/span><\/li><\/ul>\n\n\n\n<h3 class=\"wp-block-heading\"><strong><span style=\"font-family: arial, helvetica, sans-serif;\"><br>Q: What responsibilities do healthcare providers have in the accommodation process?<\/span><\/strong><\/h3>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\"><strong>A:<\/strong> Healthcare providers should clearly identify the employee\u2019s limitations and be explicit about the needs associated with the employee\u2019s disability. <\/span><\/p>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\">When corresponding with healthcare providers, employers should keep the following in mind:<\/span><\/p>\n\n\n\n<ul><li><span style=\"font-family: arial, helvetica, sans-serif;\"><span style=\"font-family: arial, helvetica, sans-serif;\"><strong>Provide context:<\/strong> The healthcare provider should be explicit about any limitations or needs associated with the employee\u2019s disability; however, they can only assess the employee\u2019s abilities to complete their job if they know what the job entails. It\u2019s important that healthcare providers are given complete and updated information about the employee\u2019s role.<\/span><\/span><\/li><li><span style=\"font-family: arial, helvetica, sans-serif;\"><span style=\"font-family: arial, helvetica, sans-serif;\"><strong>Document all communications:<\/strong> Any communication with the healthcare provider should be written to provide a record of discussions about whether the employee can perform the job with or without an accommodation, as well as the type of accommodation that may be needed.<\/span><\/span><\/li><li><span style=\"font-family: arial, helvetica, sans-serif;\"><span style=\"font-family: arial, helvetica, sans-serif;\"><strong>Provide regular updates:<\/strong> Accommodation is an ongoing process. Employers should keep the healthcare provider informed of changes, progress, and other important information.<\/span><\/span><br><br><\/li><\/ul>\n\n\n\n<h2 class=\"has-text-align-left wp-block-heading\"><span style=\"color: #42337e; font-family: arial, helvetica, sans-serif;\">Step-by-step guide to accommodating employees<\/span><\/h2>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\">Now that we\u2019ve covered some background on the duty to accommodate, here are six steps to follow to accommodate your employees.<br><\/span><\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong><span style=\"font-family: arial, helvetica, sans-serif;\">Step 1: Inquire<\/span><\/strong><\/h3>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\">You don\u2019t need to wait for an employee to make an accommodation request if you notice they are behaving uncharacteristically. In fact, if you have a reasonable suspicion that an accommodation may be required, you as an employer have an obligation to ask whether an accommodation may be necessary. This is called the duty to inquire.<\/span><\/p>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\">For example, if you see changes in an employee\u2019s behaviour and suspect they may be dealing with substance abuse, it is your responsibility to initiate a discussion with the employee about a need for accommodation.<\/span><\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong><span style=\"font-family: arial, helvetica, sans-serif;\"><br>Step 2: Have an interactive dialogue with the employee <\/span><\/strong><\/h3>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\">While employees do not have to disclose their diagnosis, you can ask about the prognosis. Find out what the employee can and cannot do and for how long. During your conversation, discuss accommodation solutions that would enable the employee to perform their role.<\/span><\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong><span style=\"font-family: arial, helvetica, sans-serif;\"><br>Step 3: Obtain relevant information<\/span><\/strong><\/h3>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\">Collect information about an employee&rsquo;s disability through an individualized and respectful investigation of accommodation measures and assessment of the employee&rsquo;s job-related needs. This is fulfilling your procedural duty to accommodate.<\/span><\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong><span style=\"font-family: arial, helvetica, sans-serif;\"><br>Step 4: Provide a reasonable accommodation plan<\/span><\/strong><\/h3>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\">This forms the substantive component of your duty to accommodate. Remember that the purpose of an accommodation is to meet a person\u2019s needs, not necessarily their preferences. While you may not be able to provide their accommodation of choice, the accommodation should still enable the employee to do their job without barriers. Put an accommodation plan in place and re-evaluate or modify as needed.<\/span><\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong><span style=\"font-family: arial, helvetica, sans-serif;\"><br>Step 5: Cover the costs<\/span><\/strong><\/h3>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\">As the employer, you should pay for any required medical documentation and accommodation equipment or modifications. Many accommodations are quite affordable, but if expensive accommodations are required, you can look into federal, provincial, or local funding to help offset the costs.<\/span><\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong><span style=\"font-family: arial, helvetica, sans-serif;\"><br>Step 6: Maintain privacy and confidentiality <\/span><\/strong><\/h3>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\">Privacy is critical when it comes to accommodation requests. Do not disclose any information to other employees. Step in if you notice employees discussing or speculating about the health of a team member.<\/span><\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span style=\"color: #42337e; font-family: arial, helvetica, sans-serif;\">Key takeaways<\/span><\/h2>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\">As an employer, you are legally entitled to receive medical documentation to support a requested accommodation. While you cannot ask for an employee\u2019s medical diagnosis, you should have an open dialogue with them to learn how their medical condition may prevent or restrict them from performing their job.<\/span><\/p>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\">It is an employer\u2019s responsibility to provide reasonable accommodation up to the point of undue hardship. An accommodation is only required to meet the needs, not the preferences, of the employee. Review all accommodation requests and work with your employees to find the best solution so that everyone can work safely in an inclusive and respectful environment.<\/span><br><br><\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span style=\"color: #42337e; font-family: arial, helvetica, sans-serif;\">Trending challenges for employers across Canada<\/span><\/h2>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\">Our team of HR advisors answers over 15,000 calls a year from clients coast to coast on all things HR. We speak with clients daily about the situations they face. Here are a few examples of some of the questions we advise on and assist with.<\/span><\/p>\n\n\n\n<ul><li><span style=\"font-family: arial, helvetica, sans-serif;\"><span style=\"font-family: arial, helvetica, sans-serif;\">Most of my employees have been working from home due to the pandemic for quite some time. Recently, I have notified my employees of a date when they will transition back to the office. Following that notification, one of my employees submitted a doctor&rsquo;s note to me that indicated,<strong> \u201cPatient was seen today; due to medical reasons, must work from home.\u201d What do I do?<\/strong><\/span><\/span><\/li><li><span style=\"font-family: arial, helvetica, sans-serif;\"><span style=\"font-family: arial, helvetica, sans-serif;\">Yesterday, one of my employees provided a doctor\u2019s note that read, <strong>\u201cPatient requires a medical leave of absence.\u201d Am I obligated to provide a leave of absence based on this note? Am I allowed to request more information?<\/strong><\/span><\/span><\/li><li><span style=\"font-family: arial, helvetica, sans-serif;\"><span style=\"font-family: arial, helvetica, sans-serif;\">One of my employees seems to call in sick quite often. In addition, when this employee is at work, I have additional concerns regarding work performance. I recently had a meeting with this employee to address my concerns and <strong>the employee advised that she has medical issues that prevent her from coming to work as scheduled and that prevent her from completing her job duties properly. What do I do?<\/strong><\/span><\/span><br><br><\/li><\/ul>\n\n\n\n<h2 class=\"wp-block-heading\"><span style=\"color: #42337e; font-family: arial, helvetica, sans-serif;\">Do you have a similar question? Our advisory team is here to help!<\/span><\/h2>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\"><a style=\"color: #006fd6;\" href=\"https:\/\/offers.hrdownloads.com\/blog-advisory-chronicles-lhra-july-2022\" target=\"_blank\" rel=\"noopener\">Live HR Advice<\/a> offers unlimited on-demand phone support by our team of HR professionals. Whatever HR concern or problem you are facing, our advisors can tailor recommendations and strategies to your situation and workplace.<\/span><\/p>\n\n\n\n<p><span style=\"font-family: arial, helvetica, sans-serif;\">Chat with one of our representatives to learn more about Live HR Advice.<\/span><\/p>\n\n\n\n<p class=\"has-text-align-left\"><a style=\"color: #006fd6;\" href=\"https:\/\/offers.hrdownloads.com\/blog-advisory-chronicles-lhra-july-2022\" target=\"_blank\" rel=\"noopener\"><strong><span style=\"color: #006fd6; font-family: arial, helvetica, sans-serif;\">Request a Demo Today!<\/span><\/strong><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Workplace accommodation is an area we\u2019ve been getting a lot of questions about lately. Many of our clients have been receiving accommodation requests from their employees, and it\u2019s left them wondering what they need to do next. <\/p>\n","protected":false},"author":10,"featured_media":2835,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"content-type":"","footnotes":""},"categories":[40],"tags":[],"acf":[],"_links":{"self":[{"href":"https:\/\/staging-site.citationcanada.com\/fr\/wp-json\/wp\/v2\/posts\/2834"}],"collection":[{"href":"https:\/\/staging-site.citationcanada.com\/fr\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/staging-site.citationcanada.com\/fr\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/staging-site.citationcanada.com\/fr\/wp-json\/wp\/v2\/users\/10"}],"replies":[{"embeddable":true,"href":"https:\/\/staging-site.citationcanada.com\/fr\/wp-json\/wp\/v2\/comments?post=2834"}],"version-history":[{"count":5,"href":"https:\/\/staging-site.citationcanada.com\/fr\/wp-json\/wp\/v2\/posts\/2834\/revisions"}],"predecessor-version":[{"id":4121,"href":"https:\/\/staging-site.citationcanada.com\/fr\/wp-json\/wp\/v2\/posts\/2834\/revisions\/4121"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/staging-site.citationcanada.com\/fr\/wp-json\/wp\/v2\/media\/2835"}],"wp:attachment":[{"href":"https:\/\/staging-site.citationcanada.com\/fr\/wp-json\/wp\/v2\/media?parent=2834"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/staging-site.citationcanada.com\/fr\/wp-json\/wp\/v2\/categories?post=2834"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/staging-site.citationcanada.com\/fr\/wp-json\/wp\/v2\/tags?post=2834"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}