Requesting workplace accommodations after disability leave

Posted on March 30, 2021June 14, 2024 by Walter Law Group

After being on short- or long-term disability, people returning to work can face obstacles they might not have experienced before their leave. One significant challenge can be returning to a job with conditions that make it difficult or impossible to participate in the workplace fully.

Under these circumstances, an employee can request accommodations that allow them to work.

What makes an accommodation reasonable?

Under Ontario’s Human Rights Code, employers have a duty to provide accommodations that ensure employees with disabilities have equal access and benefits as other workers. However, one condition is that the accommodation must be appropriate.

To be reasonable or appropriate, an accommodation must not be highly disruptive to other employees or fundamentally change the nature of the person’s job. Further, it must not put an undue hardship on an employer in the form of substantial expense or resources.

Some examples of an appropriate accommodation include:

Ergonomic equipment
Adjusted work schedule
Accessibility equipment
More frequent breaks
Additional support

These measures can enable a person to perform the essential functions of their job while preserving their dignity and allowing them to participate fully.

Requesting an accommodation

If you are returning to work and could benefit from an accommodation, you can submit your request to your employer. If you are unsure of what an accommodation might specifically look like, you might discuss the options with your supervisor. You can also consult your physicians or a lawyer to discuss possible solutions.

Keep in mind that any accommodation an employer provides should respect an individual’s dignity and promote integration.

It is also crucial to recognize that an accommodation that works for someone else may not be suitable for you. And your needs can change over time, meaning that you may need to make adjustments in the future.

Unfortunately, not every person will get the accommodations they need, either because an employer wrongfully denies them or the individual does not request them. Not only can this make it incredibly difficult to work, but it can also be a violation of a person’s rights.

Thus, if you are preparing to return to work after being on disability leave, assessing your needs and requesting appropriate accommodations should be high on your list of priorities to make the transition easier.

What protections do I have while on maternity leave?

Posted on January 5, 2021June 14, 2024 by Walter Law Group

Welcoming a baby into your family through adoption or birth can be an extraordinary and overwhelming experience. Thus, federal and provincial laws entitle new mothers and fathers to take leave from their job.

During this leave, which could last up to 61 or 63 weeks, parents continue to have rights. Parties who violate these rights can face legal and financial consequences. But what, exactly, are the rights that parents have while they are on leave after having a baby?

Protection from retaliation

Retaliation refers to adverse actions someone takes against a new parent because of status or leave-related decisions. Common examples of retaliatory behaviours include:

Demoting an employee for taking leave
Transferring an employee to a less desirable location, position or schedule because they are pregnant or about to have a child
Hiring someone else in the employee’s role while they are on leave
Terminating an employee who has plans to take leave
Urging a parent not to take leave to which he or she is entitled

These actions violate a person’s rights, and employers would be wise to ensure no such behaviours occur.

Job and benefits protection

When you take leave as a parent, you should expect to have a job to return to. Even if your exact position is no longer available, your employer must offer a similar role with the same or greater pay you earned before taking leave.

Employees also have the right to continue collecting benefits while on leave. Such benefits include pension and life insurance plans, and employers must continue to cover their share of the premiums. Further, time on leave should still count toward a person’s length-of-service.

That said, there are situations in which an employer can lawfully terminate a person on leave, including:

Large-scale downsizing and elimination of a person’s role
Termination based on legitimate reasons having nothing to do with the person’s decision to take leave

Whether you are an employer or an employee, it is crucial to take seriously any alleged violations under laws, including the Employment Insurance Act and the Employment Standards Act, 2000.

When an employer violates a new parent’s rights, they and their families can face overwhelming complications and challenges. Thus, they should understand that they also have the right to speak with a lawyer to examine the legal and financial remedies that may be available.

4 factors that increase the risk of injury or fatality in a crash

Posted on October 13, 2020June 14, 2024 by Walter Law Group

No one wants to get in a car accident. Unfortunately, most drivers do something every time they get behind the wheel that puts them at an increased risk of getting into this very situation, even if they do not realize it.

Statistics from Transport Canada’s National Collision Database reveal the various factors that can put one person at a higher risk of severe injury or fatality than someone else.

Factors that increase the risk of serious, fatal injuries in a crash

Your age – More people over the age of 65 died in crashes in 2018 than drivers in every other age group. However, people between the age of 25-34 suffered the most injuries. These numbers suggest that older populations can experience worse injuries, while young adults are more likely to get in a crash but recover.
Where you are driving – Statistics show that there were more collisions resulting in personal injury in urban or metropolitan settings, but a higher number of fatalities in rural settings. This is likely because parties are driving slower in congested, urban areas and travelling over 60 km/h on rural roads and highways. Further, the province in which you are driving could affect your risk of fatality or injury. Yukon Territory has the highest rate of fatal crashes based on population, while Manitoba and Nova Scotia have the highest rates of injury-causing accidents.
Your road user class – Drivers suffer more fatalities and injuries than any other road user, followed by passengers, pedestrians and motorcyclists.
Your driving habits – Your own driving habits can increase your risk of getting hurt or killed in a crash. If you drive while drunk or drugged, if you drive while distracted, or if you drive while you are exhausted, you make it more likely that you will get into an accident. Further, if you do not wear a seat belt in the car, you increase your exposure to worse injuries.

Before you head out on the road, consider these factors that put people at a higher risk of severe injuries or fatalities in a motor vehicle accident. With this information, you can make decisions behind the wheel that protect you, your passengers and others sharing the road with you.