A Perfect Storm is Developing
There is a perfect storm developing when it comes to managing disabled employees. The workforce is aging and some older workers can’t perform all of their job duties. The level of workforce stress is increasing which is causing more mental illness. The number of recognized mental disabilities is increasing. And new legal obligations are being imposed on employers with respect to disabled employees.
Did you know that by 2020 one in five employees will be disabled?
Do you know your rights and responsibilities when it comes to managing disabled employees?
A Multi-Disciplinary Seminar
On November 3, 2014 I will be hosting a multi-disciplinary seminar with human resources consultant, Lotte Struwing, and disability management specialist, Lucy Cormier, to help you answer this question.
What You Will Learn
There are many legal issues that arise when it comes to managing a disabled employee such as:
1. What is a disability? Is a flu or cold a disability at law? Is an alcoholic or a smoker disabled? You will learn whether or not you are obliged to accommodate these kind of medical conditions.
2. If an employee is disabled then an employer is generally required to bring the person back to work when he can perform some of his job duties unless he cannot perform his essential job duties with accommodation. You will learn how to use job descriptions and physical demand analysis to improve your legal position when it comes to assessing whether a person is capable of performing his “essential” job duties.
3. If a person is not capable of performing his pre-disability job, are you required to offer him alternative employment? For work-related injuries, you will learn your obligations under workers compensation legislation, and for non-work related obligations you will learn your obligations under the Ontario Human Rights Code.
4. Did you know the Ontario Human Rights Commission has a 36 page “Policy and guidelines on disability and the duty to accommodate”, and a 78 page “Policy on preventing discrimination based on mental health disabilities and addictions”. You will learn how the Commission interprets the duty to accommodate and what kinds of policies you should have in place to satisfy the duty to accommodate.
5. Effective January 1. 2016, employers with 50 or more employees must have written individual accommodation plans in place for every disabled employee. You will learn what must be included in these plans.
Why You Should Attend
1. Managing disabled employees is a complex, time consuming, and expensive process. You need to know what tools are at your disposal.
2. There are many obligations imposed on employers when it comes to managing disabled employees. Ignorance of the law is no defense.
3. Not complying with your obligations can be VERY expensive.
4. There are low cost, proactive measures you can take to reduce the time and expense associated with managing disabled employees.
To register for this seminar, click here
The best way to reduce litigation risk in relation to an employee termination is to agree in advance how much notice of termination (or pay in lieu of notice) an employee is entitled to receive. Employers rarely provide ANY notice of termination so the employee’s...
Like most employment lawyers, I have been getting calls from employers asking whether they can require employees to get vaccinated for COVID before returning to the workplace.
Some employers have benefitted from COVID and others have not. The federal government has supported the “have not” employers with a 75% wage subsidy. But it is scheduled to come to an end in September. So I have been getting calls from employers who cannot maintain...