Employees with episodic disabilities may face challenges in maintaining consistent attendance and productivity, even when they are otherwise model employees. Unions and employers must support employees in overcoming challenges, gaining access to equal opportunities, and performing effectively. In this panel, experts will discuss the duties of employers and unions in accommodating episodic disabilities. Specifically, panelists will discuss:

• How might an employee’s episodic disability affect workplace behaviour and productivity?
• Can an employer or union inquire into whether an employee’s atypical behaviour is related to an episodic disability?
• When can an employer or union request access to an employee’s medical information? Can this access be requested on an ongoing basis? Do these requests raise concerns regarding employees’ privacy rights?
• What are best practices in accommodating employees who require modified work?
• What steps must unions take to satisfy their duty of fair representation of members with episodic disabilities?
• When have adjudicators found that employers or unions have failed to properly accommodate employees with episodic disabilities?
• What key terms should employers and unions include in workplace accommodation policies and agreements?