Return-to-Work Policy

To promote employee health and recovery, through early intervention practices, active case management and timely return-to-work opportunities for non-occupational and occupational injuries and illnesses.

This policy applies to Seneca employees.

1. Seneca is committed to:
   • providing early intervention and support to employees who are unable to work due to an injury or illness
   • ensuring a fair and consistent approach to establishing a safe and timely return to meaningful work
   • providing reasonable accommodations, subject to the limit of undue hardship, for employees who have medical restrictions or limitations with respect to their return to work as defined by the Ontario Human Rights Code
   • adhering to the requirements of applicable policies and procedures, agreements and relevant legislation, including but not limited to the Workplace Safety and Insurance Act, the Occupational Health and Safety Act, the Ontario Human Rights Code, the Accessibility for Ontarians with Disabilities Act, the Personal Health Information Protection Act and any applicable collective agreements.

1. Employees are responsible for:
   • cooperating in the return-to-work process
   • participating in the assessment and implementation of return-to-work activity and accommodation solutions
   • undergoing evidence-based treatment and following the advice of regulated health professionals
   • regularly (scaled to term of absence) advising the Return-to-Work Specialist of their medical status and any changes to it that may affect the return-to-work process
   • providing ongoing, completed health professional forms and/or responding to letters from the Return to Work Specialist upon request
   • providing specific and detailed information regarding restrictions and/or limitations that may impede return to work
   • discussing early and safe return to work strategies with regulated health professionals where appropriate.
2. The Return-to-Work Specialist is responsible for:
   • assisting in the development of and facilitating and communicating individual return-to-work plans
   • being the primary point of contact for injured or ill employees throughout their absences, recovery and return to work
   • managing the return-to-work process by individually assessing requests in good faith and securing relevant information as often as deemed necessary
   • considering all options, assessing restrictions and/or limitations provided by regulated health professionals, resolving disagreements and documenting, monitoring and evaluating the return-to-work process
   • arranging and attending return-to-work meetings with affected employees, their managers and, in the case of bargaining unit employees, a union representative
   • ensuring employees are made aware of when and how information is shared throughout the return-to-work process, including their rights and responsibilities regarding confidentiality
   • maintaining and safeguarding any confidential medical information related to employees.
3. Immediate supervisors are responsible for:
   • ensuring employees are informed about the administrative processes related to leaves and the resources available
   • promptly input the employees’ absences into the HR system, if needed
   • maintaining early and periodic contact with absent employees during the return-to-work process, as appropriate
   • identifying return-to-work assignments and accommodations (if required), in consultation with the Return-to-Work Specialist
   • participating in return-to-work meetings
   • implementing return-to-work arrangements for employees in accordance with the return-to-work plan and applicable policies and legislation
   • ensuring employees are provided with a supportive, safe and respectful work environment
   • monitoring and evaluating the return-to-work plans in consultation with employees and relevant stakeholders
   • maintaining and safeguarding any confidential medical or other relevant information, including, but not limited to, what an employee may have elected to disclose to their direct report during the return-to-work process
   • respecting employees’ right to privacy and confidentiality.
4. The Manager, Disability and Accommodation is responsible for:
   • receiving appeals when a return-to-work plan is denied
   • reviewing documentation of the reasons for the denial of a return-to-work plan, along with the recommendations for implementing any accommodations/return-to work-plan initiatives proposed, as well as any further information provided by, or obtained from, all parties regarding the request to appeal
   • maintaining and safeguarding any confidential medical information that an employee may have elected to disclose during the appeal process
   • making the final decision on the appeal.
5. Union representatives are responsible for:
   • representing and supporting employees in the return-to-work process
   • partnering with Seneca to educate employees on their rights and responsibilities regarding their return to work, in accordance with applicable legislation and any applicable collective agreements
   • working with Seneca to identify, support and implement reasonable return to work initiatives (and accommodations, where applicable)
   • maintaining the confidentiality of all employee personal and medical information that may be communicated or shared during the return-to-work process

1. Medically supported, reasonable accommodations will be provided for employees with temporary or permanent medical restrictions and/or limitations in accordance with the principles and practices set out in Seneca’s Accessibility Policy and the Ontario Human Rights Code.
2. Employees will inform the Return-to-Work Specialist of their anticipated return to work date as soon as possible.
3. Employees will be contacted as soon as possible to assess possible limitations and/or restrictions that will inform accommodation needs, if any, and to determine their anticipated return-to-work date.
4. Seneca will provide employees with the Health Professional Form for completion by a regulated health professional; the form may be sent directly to the regulated health professional on an employee’s behalf with their written consent.
5. Seneca will develop a return-to-work plan after reviewing the completed Health Professional Form and consulting with the employee, the employee’s direct report and the union, if applicable.
6. If the information provided on the Health Professional Form is not sufficient for Seneca to reasonably understand an employee’s condition, restrictions/limitations, accommodation requirements and/or fitness to return to the workplace, the Return-to-Work Specialist can request additional required information.
7. Employees will return to work only when they are medically cleared to do so.
8. A meeting will take place between an employee, their immediate supervisor, the Return-to-Work Specialist, and in the case of bargaining unit employee, a union representative, for the purpose of facilitating a return-to-work plan that complies with the employee’s limitations and/or restrictions, if any.
9. Follow-up return to work meeting(s) will be held as required.

1. The denial of a return-to-work plan may be appealed, in writing, within ten (10) working days to the Disability and Accommodation Manager or their designate.
2. To resolve a dispute, an employee may be required to provide additional medical information to clarify their limitations and/or restrictions and their abilities to perform specific job functions.
3. The Manager, Disability and Accommodation, or their designate, shall make a final decision as soon as reasonably possible, based on a review of the return-to-work plan, the written documentation of the reasons for the denial and any further information provided by or obtained from all parties regarding the request.
4. If resolution is not achieved, the employee may follow the dispute resolution procedures outlined in the relevant Collective Agreement.

1. Seneca will communicate this Policy, and any future updates to stakeholders, by posting on MySeneca website. All employees are entitled to receive a copy of this policy should they request it.
2. Managers will be advised by Seneca about their obligation to reasonably accommodate employees with limitations and restrictions, and appropriate training and resources will be provided to assist them.

1. Human Resources will review the policy in accordance with the established review date

• Accessibility for Ontarians with Disabilities Act
• Occupational Health and Safety Act, 1990
• Occupational Health and Safety Policy
• Ontario Human Rights Code, 1990
• Workplace Safety and Insurance Act, 1997
• Freedom of Information and Protection of Privacy Act, 1990
• Personal Health Information Protection Act, 2004
• Functional Abilities Form (PDF)

• Respectful Workplace Policy
• Accessibility Policy

Approval Date: June 2023