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I need to know if I am eligible for a change in work location as part of a return to work plan. I have been on ltd for almost 2 years, and I am scared that my mental health disabilities will return without a change in work location. My current position requires me to work over two hours away from my home and network of supports. This distance requires a second place to leave. Part of the cause of my mental health decline was living by myself in a crappy rental during the week without social and medical supports. My employer has many positions closer to my home, and I have followed our contract’s procedures in asking to be transferred, but I am always denied. I apply for jobs closer to home when they are posted and I am overlooked. Others have received transfers akin to what I am asking. I was told at one time that I was denied a transfer because I have French qualifications, and they need more French teachers where I had been working. Since I cannot dictate return to work conditions, I wonder what can help me justify a location change in a return to work agreement? I have a note from my doctor saying working closer to home is essential to preventing a relapse. Thank you
Under the Human Rights Code, your employer has a duty to accommodate your disability to the point of undue hardship. If you submit a medical note supporting your request to transfer to another work location, your employer will have a duty to accommodate this request, as long as it does not cause them undue hardship.