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  3. Return to Work Policy

Return to Work Policy

Final Approval Body:  Senior Leadership Team
Senior Administrative Position with Responsibility for Policy: Associate Vice-Principal, Human Resources
Date Initially Approved: January 12, 2015
Date of Last Revision: October, 2024

Purpose

Queen’s University believes that the successful return to work of ill or injured Employees depends on early intervention and assistance with the rehabilitation and return-to-work process.  This statement of Policy outlines Queen’s University’s commitment to assist in the Employee’s return to their pre-Disability job in a safe and timely manner.

Employees who do not require time away from work but require a Disability Accommodation, please refer to the Workplace Accommodation Policy and Procedure.

Definitions

“Alternative Work” is work different from the Employee’s pre-Disability job or work that does not necessarily involve similar skills, responsibilities, and/or compensation.  

  • Temporary Alternative Work may be appropriate Disability Accommodation either in a return-to-work/work hardening context or in a situation where the Protected Ground renders an Employee temporarily unable to fulfill the BFOR of their job.  
  • Permanent Alternative Work means permanent reassignment to a vacant position where one exists.

“Appropriate Accommodation” is the Disability Accommodation that most respects the dignity of the individual, meets individual needs, and best promotes integration and full participation in the workplace.  An Employee will normally be accommodated in the Employee’s current job unless to do so would cause Undue Hardship or unless the Employee’s functional/cognitive limitations prohibit the Employee from fulfilling the BFOR of their job. If there is a choice between two Appropriate Accommodations which equally respond to the Employee’s needs in a dignified manner, then the university is entitled to select the one that is most reasonable in the circumstances.  

“Bona Fide Occupational Requirements” are the core functions of a job, having regard to productivity (both in terms of the amount of work product and the timeliness of the work product) and the importance of any function.  They include both a subjective component, in that they were established honestly and in good faith, and an objective component, in that they are defined as reasonably necessary to assure the efficient and economical performance of the job without endangering the Employee, fellow Employees, and the general public. They are related to the  “essential duties” of a job.

“Disability” is defined by the Human Rights Code as:

  • Any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device,
  • a condition of mental impairment or a developmental disability,
  • a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language,
  • a mental disorder, or
  • an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.

“Disability Accommodation” is

  • any temporary or permanent measure(s) used to remove a barrier which prevents an otherwise qualified individual from performing or fulfilling the Bona Fide Occupational Requirements (“BFOR”) of a job as a result of a Disability, and
  • based on individual circumstances and can arise during the recruitment, selection, training, promotion, performance appraisal, benefits provision and at any other point during employment when the need for Disability Accommodation is identified.

“Duty to Accommodate” in the employment context refers to the university’s legal obligation to reasonably accommodate an Employee covered by a Protected Ground without Undue Hardship.

“Employee” includes a person who performs work or supplies services for the university for monetary compensation or reward, as defined by the Employment Standards Act, 2000 (the “ESA”).

“Employment Supervisor” is a person with administrative and supervisory responsibilities; examples include Department Heads, Directors, Managers and Unit Supervisors, all of whom have responsibility under this Policy and Procedure. The direct supervisor is usually the individual involved in working EWS in the development of Return-to-Work Plans

“WSIB Form 2647 - Functional Abilities Form for Timely Return to Work (FAF)” is a tool to facilitate return-to-work discussions between the employer and the injured/ill Employee.  The purpose of this form is to identify the Employee’s overall functional abilities and work restrictions so that Disability Accommodation measures can be determined.

“Occupational Disease” Is a health problem caused by exposure to a workplace health hazard.

“Return-to-Work Plan” is a type of Accommodation Plan developed through consultation to facilitate an Employee’s return to productive employment in a timely and safe manner following a Disability leave.  They are individualized, formal written documents and include start date, review or end dates, functional/cognitive abilities, and limitations if appropriate, details of job duties, hours and days of work, and workplace modifications. They are recommended for all return-to-work situations.

“Sick Leave” is an absence from work and performance of regular duties due to illness, injury or contagious disease that can be supported by Substantiated Medical Documentation.  Sick Leave can consist of paid or unpaid time.

“Sick Leave Benefit” is a benefit payable to Queen’s University Employees under the Queen’s University Sick Leave Policy.

“Substantiated Medical Documentation” means medical documentation from a registered treatment provider in a professional field related to your disability and includes:

  • The nature of the functional/cognitive limitations that precludes the Employee from performing one or more of the Bona Fide Occupational Requirements of their job,
  • Confirmation as to whether the Employee is currently receiving, and complying with, treatment,
  • The expected duration of the Employee’s absence, or next date of reassessment if duration is unknown,
  • Any temporary Disability Accommodation that could safely return the Employee to work in the near future; and/or,
  • Surgery date and expected recovery time, if applicable.

“University Accommodation Program” is a procedural document developed to assist Employees who cannot be accommodated in their existing job due to Undue Hardship or because their functional/cognitive limitations prohibit an Employee from fulfilling the BFOR of their job.

Scope

This Policy applies to all university Employees:

  • Who have been away from work due to Disability and require support as they return to work.  Employees are prevented from performing some or all of the Bona Fide Occupational Requirements of their job, due to:
    • non-work-related injury or illness, or,
    • personal injury by accident arising out of and in the course of their employment, or
    • an Occupational Disease that occurs due to the nature of their employment by Queen’s University in an occupation in which the Employee is engaged.

* Employees who are unable to return to their pre-Disability job will be referred to the University Accommodation Program.

Policy Statement

Queen’s University recognizes that an early and safe return to work benefits both the Employee and the university by helping to support recovery, minimizing the social impact of being unable to work and maintaining productivity. Queen’s University is committed to co-operate in the early and safe return to work of our Employees who require a Sick Leave.

An Employee who has provided Substantiated Medical Documentation will be entitled to the sick leave provisions in accordance with their respective collective agreement and the university’s Sick Leave Policy. 

Return-to-work support will be provided in accordance with the principles of dignity, individualization, and inclusion. Queen’s University will work cooperatively, and in the spirit of respect, with those involved in the return-to-work process.

Responsibilities

Employee

  • Contact their Employment Supervisor as soon as possible after suffering an injury or illness, as well as maintain communication through the period of their recovery.
  • Ensure that Employee Wellness Services is in receipt of Substantiated Medical Documentation as soon as possible following the injury or illness and in a timely manner as requested throughout the leave.
  • Communicate their intention to return to work in a timely manner such that it provides sufficient time for the parties to develop a Return-to-Work Plan and participate in the process in good faith.
  • Work with the Employment Supervisor to review and, if necessary, modify the Return-to-Work Plan
  • Follow the Return-to-Work Plan as set out and keep Employee Wellness Services informed of any changes in their rehabilitation or physical condition that affect their ability to work.

Employment Supervisor

  • Inform the Department of Environmental Health and Safety of an accident, injury, or Occupational Disease that occurs in the workplace or as a result of performing work related duties and complete an Incident Report within 24 hours of becoming aware of the Disability.
  • Make early contact with the injured or ill Employee as soon as possible after the reported Disability and notify Employee Wellness Services if absence is expected to exceed two (2) weeks and/or assistance with Accommodation or Return-to-Work planning is required.
  • Identify the Bona Fide Occupational Requirements of the position.
  • Maintain confidentiality, and ensure the institution responds to any requests for information in accordance with the Freedom of Information and Protection of Privacy Act (“FIPPA”).  

Human Resources Department, Employee Wellness Services

  • Provide advice, guidelines, and resources to Employee and Employment Supervisors related to the interpretation and application of this Policy and its procedures(s)
  • Apply and interpret this policy to promote the university’s commitment to building an inclusive community.
  • Ensure employment information is available and processes established to enhance accessibility for Employees.
  • Maintain confidentiality and ensure that the institution responds to any requests for information in accordance with the Freedom of Information and Protection of Privacy Act (“FIPPA”)
  • Consult with other departments as required.

Employee Wellness Services

  • Communicate with the Employee on Sick Leave to ensure that Substantiated Medical Documentation has been completed by the Employee’s regulated health professional. Use the Substantiated Medical Documentation to assess:
    • Whether or not the Employee with a Disability is able to perform the Bona Fide Occupational Requirements of their regular job with or without Disability Accommodation measures.
    • Whether an Appropriate Accommodation is available for the Employee, or
    • Whether Alternate Work is available within the university for the Employee
  • Develop Return-to-Work and Accommodation Plans as outlined in the Return-to-Work Procedure and Workplace Accommodation Procedure.
  • Determine an Employee’s entitlement to participate in the Accommodation Program.

Faculty Relations Office

  • Provide advice, guidelines, and resources to the appropriate Employment Supervisor related to the application of Return-to-Work Policy and Procedure.
  • Maintain confidentiality and share information only as necessary to support the process.

Union Representatives

  • Share responsibility with the university to facilitate the return-to-work process including taking an active role in suggesting and testing alternative approaches and cooperating fully when solutions are proposed.
  • Respect the privacy of the person during the return-to-work process,
  • Support any Return-to-Work Plan that requires agreements outside of the respective collective agreement.
  • Work to address barriers affecting the success of the Return-to-Work Plan
  • Advocate for the Employee’s right to a fair and reasonable process.

 

Contact Officer: Director, Employee Wellness Services
Date for Next Review: 2029
Related Policies, Procedures and Guidelines: