In this session, expert panelists will provide guidance on ways that employers, unions and employees can collaborate to ensure a successful and enduring return to work and address accommodation considerations, workplace disability management systems, and the legal landscape.

Specifically, panelists will address:

• What benefits will employers, unions, and employees experience from implementing a successful disability management program and return-to-work process?
• What are the employer’s human rights obligations in returning a disabled employee to work? Does the employee have to return to the pre-leave position? What amounts to “undue hardship” for the employer in accommodating the returning employee?
• What role do the union and employee play in the return-to-work and accommodation process? How can these parties facilitate a successful and lasting return to work?
• What medical information, if any, is the employer entitled to when assessing an employee’s return to work and accommodations needs? How do functional abilities forms differ? When are independent medical examinations justified? Can the employment relationship be legally frustrated as a result of an employee’s refusal to provide medical information?
• What are other legal considerations in returning an employee to work? How does occupational health and safety factor in? What additional considerations apply to returning employees to work whose condition was a result of a workplace injury or illness? What privacy laws apply?
• How can workplace parties ensure strong organizational support for employees returning to work after a leave of absence? How can employee benefits be structured to promote return to work? What measures can be taken to increase the chances of an enduring return to work?