By Johanna Hildebrand

An increasingly common HR concern is how to approach disability management and/or how to communicate effectively with employees on leave due to mental or physical illnesses and/or injuries. Managing employees on leave can be complex, especially when it impacts other colleagues and your ability to get the work done.  

Effectively managing disability and/or medical leaves is important to supporting the ongoing wellbeing of your employees and operations, as well as ensuring you are meeting legislative requirements. Learning how to navigate these situations, while balancing relationships within the workplace, is an important consideration for leaders who are working to support their employees and organizations.

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What is Disability Management?

Being proactive and taking steps for early intervention is important for a successful disability management program. How an employee’s medical leave/disability is handled is an opportunity to demonstrate workplace values and provide a supportive environment.

Disability management encompasses the processes and communication involved in managing employee absences or accommodations due to an illness, injury, or disability that impacts the employee’s ability to fully participate in the workplace; this may include creating accommodation plans for the impacted employee. The overall goal of a disability management process is to support employees in remaining and returning to work in a meaningful and productive way.  

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When and Why Do We Need to Accommodate?

In Manitoba, the duty to accommodate is governed by legislation under the Manitoba Human Rights Code, the Employment Standards Code, and The Accessibility for Manitobans Act. Each jurisdiction across Canada, whether federal or provincial, has its own legislation that governs the duty to accommodate. Every employer has a duty to accommodate up to the point of undue hardship. The duty to accommodate is triggered when an employee requests accommodation based on one of the protected characteristics listed in The Human Rights Code; this includes physical (can include medical) or mental disability.

Accommodation is a shared responsibility between the employer and the employee, both parties are required to be engaged in the process.  

Employers have an obligation to accommodate to the point of undue hardship. Determining the point of undue hardship will vary between workplaces and must be based on objective evidence, demonstrating more than only minimal hardship. Considerations for undue hardship include cost, impact on others, health and safety, disruption of collective bargaining agreement, nature, size and scope of employer, interchangeability of workforce and facilities, and business efficiency.

Having a strong, legislatively compliant disability management program helps reinforce your organization’s reputation, demonstrating the trust and value of your employees.

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Building a Supportive Process

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Step One: Open and Compassionate Communication

Employees should always be treated with dignity and respect. A culture of effective communication encourages employees to come forward and report illness or injury, or any restrictions that limit their ability to perform their work.  

It is important to engage in conversations at the onset of injury or illness. This provides an opportunity for open conversations about how the employee can be supported by either remaining at work or returning to work at a future date. These early conversations also help establish a regular cadence of communication, focused on maintaining trust and transparency.

By communicating and approaching an employee with empathy and compassion during this process, leaders can build relationships with employees, fostering improved employee engagement, job satisfaction, and loyalty.

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Step Two: Collaborating on Accommodation Plans

Collaboration with the employee is important to identify accommodation solutions that consider the employee’s needs, operational requirements, and resources required to be successful. These conversations should also include union representation, if applicable. Some examples of accommodation include modified or temporary alternative work duties, or modified work hours. We are looking for reasonable accommodation, not necessarily perfect accommodation. Once a plan is established, it is important to document the discussion, expectations, and future check-ins. Accommodation plans need to be based on objective medical provided by a qualified medical practitioner.

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Step Three: Documentation and Medical Information

Clearly communicate with the employee about what documentation is required for their medical leave and/or accommodation. Appropriate documentation can be a medical note and/or a functional abilities form that includes information about restrictions and limitations that impact the employee’s ability to perform their work, prognosis, whether a treatment plan in place, return to work date, and a reassessment date.  

An employer can ask about restrictions or limitations as it relates to the employee’s work; employers are not entitled to know the official diagnosis or treatment details.  

Employers also need to ensure that the employee knows that their information will be handled confidentially and treated with sensitivity at every step. Employee medical information is protected under the Personal Health Information Act; information should be kept in a secure location accessed only by staff required to know the information.  

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Managing Workplace Relationships

Whether an employee is off work or being accommodated, it impacts their colleagues, work culture, and the ability to meet the operational needs. Acknowledging this impact and offering guidance on how workload will be distributed in the meantime can help leaders manage employee expectations and morale. Be prepared to have these conversations and address any concerns about perceived “special treatment”. It is important that everyone understands the organization’s commitment to fair treatment for all employees and that personal health information is confidential and must be protected. Responses might include letting them know that the business has made arrangements with the employee and is respecting confidentiality for a supportive and inclusive environment.

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Supporting Employees Returning to Work

Welcoming the employee back on their first day, regular communication and ongoing check-ins are crucial when an employee is returning to work following a leave. Sometimes, this requires a gradual transition or re-integration into the workplace. Regularly check-in until the employee is able to return to their regular, unrestricted duties. It is not uncommon for employees to have setbacks when returning to work on a gradual basis. Employers can help returning employees feel valued by checking in with them to see how their work is going and being proactive in addressing any concerns to ensure a successful return. This practice demonstrates commitment to an inclusive environment where colleagues support each other’s adjustments.

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Successful Disability Management and Accommodation

Effective disability management is a partnership between employees and the organization. Supporting employees through medical leave and/or accommodations can strengthen the workplace culture and be an embodiment of workplace values.

We encourage workplaces to adopt a compassionate, compliant disability management practice that benefits everyone, the employee and the workplace.

Sometimes, these situations are complex and not easy to navigate. People First HR Services offers HR On Call support employers facing HR challenges. Contact HR On Call to walk through these situations with a consultant. We can provide timely recommendations, risk considerations, as well as advice on next steps. You can reach out at each step of the process and make informed decisions about how best to support your employees.

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