H18 – Employment Accommodation Procedures

Part 1: Introduction

1.0 Purpose

1.1

The purpose of these Procedures is to facilitate the implementation of the Employment Accommodation Policy.

1.2

These Procedures will set out the steps for evaluating requests for accommodation and implementing reasonable accommodations to the point of undue hardship in the workplace.

1.3

Accommodation will be reasonable, appropriate, effective, and practical and will not impose undue hardship on RRC Polytech.

1.4

All parties involved in an accommodation process will meaningfully and willingly participate in the accommodation process in good faith.

2.0 Definitions

2.1

The words used in these Procedures shall be read consistently with the definitions set forth in the Employment Accommodation Policy.

2.2

“RTW” means returning to work following a leave of absence.

2.3

The “Union” means the Manitoba Government and General Employees’ Union Local 73, the certified bargaining agent for employees at RRC Polytech.

Part 2: Procedures

3.0 Recruitment

3.1

When recruiting employees, RRC Polytech will:

1. inform applicants of the required qualifications of the position they are applying for within the job posting, as well as the availability of reasonable accommodation for those who may face barriers in respect of the assessment or selection process; and
2. inform applicants in the job posting that, upon request, reasonable accommodations may be available for those who require them, in respect of the materials or activities used in the assessment or selection process.

3.2

When an applicant makes a request for accommodation, RRC Polytech will:

1. Consult with the applicant to determine what, if any, available reasonable accommodation considerations can be applied to address the barriers that are identified;
2. Provide, or arrange for the provision of those reasonable accommodations when carrying out the assessment or selection process; and
3. Provide reasons to the applicant, in writing, if the requested accommodation is denied on the basis of undue hardship.

3.3

When offering employment, RRC Polytech will provide an active offer for accommodation in the offer letter and will direct the selected applicant to Human Resource Services for additional information on RRC Polytech’s policies and practices for accommodating employees with disabilities.

4.0 Training

4.1

The Centre for Learning and Program Excellence at RRC Polytech, in consultation with the Accessibility Working Group, will develop, implement and track employee training regarding accessibility and reasonable accommodation(s) as required by law.

4.2

Employees who are responsible for recruiting, selecting, training, supervising, managing, coordinating, promoting, redeploying or terminating employees or for developing and implementing RRC Polytech’s employment policies and practices must complete accessible employment training that complies with The Accessibility for Manitobans Act.

5.0 Individualized Accommodation Plan for Employees

5.1

An employee who requires accommodation related to a disability or work-related need arising from another protected characteristic, in respect of the performance of their duties, may request an individualized accommodation plan by informing their manager in writing of the need for accommodation and the extent of that need.

5.2

Upon being informed of the need for an accommodation in writing, the manager must take reasonable steps to:

1. Listen to the needs of the employee who is seeking reasonable accommodation and consider their suggestions for reasonable accommodation;
2. Consult with Human Resources Services regarding the request;
3. Work with Human Resource Services to obtain information from the Employee to assist in assessing the request in accordance with this Procedure.

5.3

The Employee must provide to the manager or to Human Resource Services all relevant supporting documentation that RRC Polytech requires to confirm the need for accommodation, including any medical reports or reports by other practitioners on workplace accommodations for persons with disabilities. RRC Polytech may require clarifying information from a medical care provider.

5.4

RRC Polytech may request that an evaluation of the employee be done by an independent regulated health professional or other practitioner in the area of workplace accommodations for persons with disabilities, in order to assist RRC Polytech in determining if reasonable accommodation is required, as contemplated in the collective bargaining agreement between RRC Polytech and the Union.

5.5

An Employee may request assistance from the Union in developing the plan on their behalf if the employee is represented by a union or by a recognized organization knowledgeable about workplace accommodations for persons with disabilities.

5.6

After receiving the relevant supporting documentation from an Employee, as deemed appropriate by Human Resource Services, the Human Resource Consultant and/or the Supportive Employment Consultant and the manager must develop, document and implement an individualized accommodation plan in consultation with the Employee and the Union, if applicable while considering the following:

1. Assess the request on an individual basis and provide reasonable accommodation up to the point of undue hardship by:
   1. identifying available accommodation options;
   2. reviewing and selecting a reasonable accommodation option (a reasonable accommodation option may not necessarily be the Employee’s preferred option);
   3. implementing and evaluating the selected accommodation.
2. Consider potential modifications to existing job duties for the employee or a potential reorganization of duties or other positions.
3. Determine information to be communicated to the employee’s co-workers about the individualized accommodation plan, while balancing the employee’s right to privacy with the co-workers’ need to have information to enable them to support the employee’s reasonable accommodation needs, in accordance with The Freedom of Information and Protection of Privacy Act (Manitoba) and The Personal Health Information Act (Manitoba).
4. Ensure the requested accommodation can be implemented without undue hardship to RRC Polytech.

5.7

The individualized accommodation plan will be in writing and include the following information:

1. Any reasonable accommodation that RRC Polytech will implement to address any barriers for the person with disabilities;
2. Any individual emergency plan that RRC Polytech will provide to the employee, including permission to share information with the Emergency Response Team, if the employee requires assistance during an emergency;
3. The manner and timing within which the individualized accommodation plan is to be implemented; and
4. The frequency with which the individualized accommodation plan will be reviewed and updated.

5.8

Individual accommodation plans will be provided in an accessible format when requested by the employee.

5.9

RRC Polytech will refuse to accommodate an employee only as permitted by law on the basis of undue hardship. Where RRC Polytech denies the employee’s request for accommodation, RRC Polytech will provide documented reasons for the denial to the employee.

5.10

Evaluating a request, as well as creating and implementing an accommodation plan is a shared responsibility where all parties must engage in good faith. In cases where an employee refuses to participate in the accommodation process, RRC Polytech may consider the accommodation process complete.

5.11

Managers will consider the following during performance conversations, career development training and advancement processes:

1. that an employee with disabilities may have barriers in the workplace;
2. that an employee may have an individualized accommodation plan; and
3. that the accommodation provided for a particular employee, if any, may not fully address barriers.

5.12

Accessibility and accommodation concerns or requests for work-related needs arising from another protected characteristic other than disability can be made to the employee’s manager and thereafter forwarded to Human Resources Services for consideration. Human Resource Services will consult with the Legal and Compliance Department to consider the request and provide reasonable accommodation, if required.

6.0 Return to Work (RTW) Procedures

6.1

Where an employee has been absent from work due to a disability and requires reasonable accommodation upon returning to work, the following steps will be taken:

1. The employee must obtain the written recommendations of their attending medical practitioner regarding their capabilities and any requirement for modified duties and/or hours. A medical inquiry form may be obtained from Human Resource Services and provided to the attending medical practitioner for completion.
2. The employee must submit supporting medical documentation to Human Resource Services and/or their manager as soon as possible.
3. In some cases, an RTW planning meeting will be required to develop a reasonable accommodation plan. The meeting may include the employee, union representative, manager, and a Human Resource Consultant and/or Supportive Employment Consultant in attendance. Depending on the circumstances and subject to consultation with Human Resource Services, arrangements may be made to have the employee commence modified duties prior to the RTW planning meeting.

6.2

In some cases, an employee may require temporary accommodation during period(s) of recuperation from injury or illness until a full return to regular work duties and hours is possible. In these situations, RRC Polytech will explore reasonable transitional RTW opportunities, which may include workstation modifications and/or temporary changes to assigned work activities and/or temporary changes to hours of work.

7.0 Individual Emergency Plan

7.1

To ensure the safety of all employees, RRC Polytech provides workplace safety information. Employees with disabilities will be provided with an individual emergency plan, specific to the employee’s particular barriers and the physical nature of the employee’s workspace, by contacting Safety, Health and Security Services at safety@rrc.ca.

7.2

Safety, Health and Security Services will review the individual emergency information plan provided to an employee annually and, upon being informed, each time that:

1. the employee is moved to a different workspace;
2. the employee’s workspace is modified;
3. the employee’s medical/disability needs change (e.g. temporary needs); or
4. RRC Polytech reviews the general emergency response plan(s) and makes changes that would affect the employee’s response to an emergency in the workplace

7.3

If an employee who receives an individual emergency plan requires the assistance of another person in the event of a workplace emergency, Safety, Health & Security Services will, with the employee’s consent, provide the necessary information to the Emergency Response Team to provide assistance to the employee.

8.0 Privacy Obligations

8.1

Personal information and personal health information obtained through the accommodation process is protected by The Freedom of Information and Protection of Privacy Act (FIPPA) and The Personal Health Information Act (PHIA). All parties involved in the accommodation process must treat information pertaining to an employee’s request in a confidential manner.

8.2

Only the information necessary to determine a reasonable accommodation to the point of undue hardship will be collected. Information collected under the Accessible Employment Policy and associated procedures will only be released to those who need to know the information to participate in the accommodation process including by implementing the accommodation. Human Resource Services will hold any collected information.