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Hi, question is around RTO - Ontario. Large company (corporate), been there for over 20 yrs, dedicated, great performance reviews. We had been doing 4 days at work prior to Covid and although I had some struggles, I managed without needing to go on meds (really want that as last option). Covid hit, full work from home as everyone else. I had a series of events late 2021 that resulted in me going on medication for anxiety, but I never took a leave, being at home made it heavily manageable. Starting April 2022, back 1 day in office, then went to 50% , then by end of summer was set at 2 days in office until current. This arrangement was manageable for my anxiety and assisted with being able to stay off the meds. RTO is 4 days again soon, I’m asking for an accommodation to stay at the 2 days which a third party company is handling for the employer. Doctors note provided, now the form with more details they asked for my doctor is filling out, and I have indicated this accommodation will not cause the company undue hardship as my duties, hours, working days stays the same (no reduced hours or requests for less duties etc). The only impact to the company is I wouldn’t be in office those 2 additional days but my performance will remain as it has (strong), so I’m not going to cause them undue hardship, which me going on a leave would seemingly do so (I’m hoping to avoid). My doctor is stating this accommodation is for preventative mental health/maintenance, but I have suspicions (based on my short call with someone from the third party initially) that this may not be approved, implying I was working 4 days for many years before. My questions: 1. Does this accommodation request seem to be reasonable and will not cause undue hardship to the employer?
2. If they deny my request, at what point is it determined it’s against my rights? Can they make a decision to deny such as saying because I did 4 days many years prior that I should be able to do it now (even if doctor submitted required info)?
3. I have not listed if this is temporary or permanent, but I believe permanent again as it’s for preventative mental health. Do they have the right again to deny by stating it’s a permanent request?
4. I have seen your firm reference in responses “until the point of undue hardship”, how is that defined? What would cross that line?
5. I’ve also seen comments from your form to others stating “the third party still has an obligation to accommodate any medical accommodations under the Ontario Human Rights Code as long as the request is supported by a medical note”. I’ve provided that, plus the additional form filled out by my doctor, what if they still don’t accept it?
Thank you
Your situation likely deserves a full review with one of our legal representatives as medical conditions and how they interact with accommodation is often quite nuanced. At a high level in response to your questions:
1) Since you had been working from home for the past 5 or so years, your accommodation request on it's face seems reasonable.
2) If they deny your request it would be at that point that you would have a claim for failure to accommodate. But this would require a review of your doctors notes and the reason the employer has refused the accommodation.
3)There should be no difference between a temporary and a permanent request.
4) undue hardship is contextual and fact specific and depends on the nature of the job, the nature of the employer business.
5) If they do not accept your accommodation request you may have the basis for a human rights claim.
Please contact us at the number below to setup a meeting with one of our legal representatives to review your situation in more detail and get more tailored advice.
1) Since you had been working from home for the past 5 or so years, your accommodation request on it's face seems reasonable.
2) If they deny your request it would be at that point that you would have a claim for failure to accommodate. But this would require a review of your doctors notes and the reason the employer has refused the accommodation.
3)There should be no difference between a temporary and a permanent request.
4) undue hardship is contextual and fact specific and depends on the nature of the job, the nature of the employer business.
5) If they do not accept your accommodation request you may have the basis for a human rights claim.
Please contact us at the number below to setup a meeting with one of our legal representatives to review your situation in more detail and get more tailored advice.