Section #29: Return to Work Process
What the standard says
(1) Every employer, other than an employer that is a small organization,
- shall develop and have in place a return to work process for its employees who have been absent from work due to a disability and require disability-related accommodations in order to return to work; and
- shall document the process.
(2) The return to work process shall,
- outline the steps the employer will take to facilitate the return to work of employees who were absent because their disability required them to be away from work; and
- use documented individual accommodation plans, as described in section 28, as part of the process.
(3) The return to work process referenced in this section does not replace or override any other return to work process created by or under any other statute.
For more information, see IASR Section #28: Documented individual accommodation plans.
Suggested approach
The steps outlined above should guide the employer in developing return-to-work policies or addressing existing processes and any other arrangements identified in collective agreements. Institutional offices that specialize in supporting employees’ return to work should be informed of their obligations under this standard to ensure that the return-to-work plan complies.
Suggested best practices
York University’s Employee Well-being Office facilitates the development and implementation of return-to-work programs:
Compliance schedule for Section #29, as stated in the IASR
- For large designated public sector organizations, January 1, 2014.
- For large organizations, January 1, 2016.
Definitions related to Section #29, as defined in the IASR
- “Large designated public sector organization” means a designated public sector organization with 50 or more employees.
- “Large organization” means an obligated organization with 50 or more employees in Ontario, other than the Government of Ontario, the Legislative Assembly or a designated public sector organization.
- “Small organization” means an obligated organization with at least one but fewer than 50 employees in Ontario, other than the Government of Ontario, the Legislative Assembly or a designated public sector organization.
How does the IASR relate to the Ontario Human Rights Code?
In Section 1 (2), the IASR states that, “the requirements in the standards set out in this Regulation are not a replacement or a substitution for the requirements established under the Human Rights Code nor do the standards limit any obligations owed to persons with disabilities under any other legislation.”