Return to Work/Modified Work. (a) The parties recognize the duty of reasonable accommodation for individuals under the Human Rights Code of Ontario and agree that this Collective Agreement will be interpreted in such a way as to permit the Employer and the Union to discharge that duty. To that end, the Employer and the Union agree to cooperate in complying with the Ontario Human Rights Code.
(b) The Employer and the Union agree to ongoing and timely communication by all participants. For the purposes of expediting communication the Employer and the Union agree that participants will use electronic communication where available.
(c) If an employee becomes disabled, including WSIB, with the result that they are unable to perform the regular functions of their position, the Employer may determine a special classification and salary, with the hope of providing an opportunity for continued employment. Positions established under this article will not constitute new classifications and shall lapse upon the termination, resignation, or retirement of the employee in question.
(d) Prior to any disabled employee returning to work from a disability including WSIB to a modified/light/alternate work program, the Employer and the Union will meet with the affected employee and the Director of Care or alternate to consult on a back to work program for the worker. Any agreement resulting from these discussions which conflicts with the collective agreement shall, subject to agreement by the parties, prevail over any provision of this agreement in the event of a conflict. Nothing in this language obligates the Employer to establish a modified/ light/alternative work program, except as required by law.
(e) The Employer agrees to provide the Union and the employee with a copy of the Workers' Safety and Insurance Board Form 7 at the same time it is sent to the Board.
(f) The Return to Work Plan will include developing and recommending strategies for:
i) Integrating accommodated workers back into the workplace;
ii) Educating employees about the legal, personal, organizational aspects of disabled workers to work;
iii) In creating a return to work plan, the Employer and the Union will examine the disabled employee abilities and accommodation needs to determine if the employee can return to their:
A) Original position;
B) Original position with modifications to the work area and/or equipment and/or the work arrangement; or,
C) Alternate positions outside the original position.
(g) An employee in need of permane...
Return to Work/Modified Work. An employee's right to modified work or to a return to regular duties following a compensable injury shall be as set out in the W.S.I.B. Act, and/or in accordance with rights afforded under the Ontario Human Rights Code. The employee has the right to be represented by a Union Xxxxxxx, appointed by the union, in regard to all return to work and modified work proposals which directly affect him or her. It is the mutual desire of the parties to assist in the rehabilitation of ill or injured employees and to ensure their return to meaningful employment and the resumption of an active role in the workplace. The parties will make reasonable efforts to place disabled employees in their regular classification. The full range of accommodation will be considered to enable employees with disabilities to perform the core duties of their positions. If this is not possible, the parties will cooperate in finding suitable alternative employment. The foregoing shall not be construed to, in any way, augment the Employer’s duty to accommodate under the aforementioned acts. The parties agree to establish a Joint Return to Work core committee consisting of the Unit Chair and a Management representative, who will serve as Co- Chairpersons. The Committee may be augmented by mutual agreement of the Co-Chairpersons to include the Employee and a second Management representative. The Management Co-Chair person will serve as the Committee’s liaison with the treating physician, rehabilitation specialist, etc. Copies of all minutes shall be provided to the Union co-chair. Where the Employee cannot be accommodated in their regular classification the Committee will meet for the purpose of reviewing and recommending appropriate individual case strategies for:
1. The safe and successful return of disabled workers to the workplace as soon as possible after an illness or accident, whether work-related or not.
2. The return to productive and gainful employment, where practicable, for those employees who have become incapable of fully performing the duties of their own classification but who are medically certified as capable of performing the duties of another classification. All decisions of the Committee must be unanimous. The Employer shall implement unanimous decisions and the Union shall not grieve such decisions. If unanimity is not achieved, the Employer shall act as it deems fit as shall the Union. In no way does the aforementioned preclude an individual Employee from exercising his o...
Return to Work/Modified Work. The Employer and the Union are jointly committed to meeting its statutory obligations to re-integrate Employees back into the workplace who have been absent from work due to injury or illness. If the Employee requires modified work, a joint and confidential meeting of the Supervisor or their designate, and Unit Chair of the Local or their designate will be held with each returning Employee to discuss and create a reintegration plan and modified work.
Return to Work/Modified Work. The Employer and the Union are jointly committed to re-integrating employees back into the workplace who have been absent from work due to injury or illness and may require modified work. The Employer shall identify work suitable for employees returning to work and discuss return to work plans with the union. The Employer shall make reasonable efforts to accommodate based on medical information provided by the Employee’s medical team up to the point of undue hardship. The returning employee shall cooperate in this process and provide the appropriate documentation prior to the meeting which should include; • A clear recommendation as to the Employee’s fitness to return to work; • A recommendation as to the Employee’s fitness to perform the duties identified and currently done by the employee or the accommodation being considered; • How long limitations may last; • A probable prognosis for recovery with or without accommodations. A joint and confidential meeting of Daycare Director or their designate and Local Union rep of the employee’s choice shall be held with each returning employee to discuss and create a reintegration plan and modified work, if required. Human Resources may be consulted to assist. The employee shall give prior consent to their medical information being shared with the Union rep. Where necessary, a third-party case worker from WSIB or LTD Insurance may be part of this process. Notwithstanding the foregoing, the provisions of the Ontario Human Rights Code relating to disability and accommodation continue to apply.
