Return-to-work & accommodation intake

Capture functional limits and proposed measures before you meet HR — notes stay on this device.

Use before an RTW meeting or when a member asks for an active accommodation. Keep diagnosis off this form.

Primacy of human rights

Human rights legislation has quasi-constitutional status. It supersedes collective agreements and employer policies when they conflict. If a contract clause blocks a required accommodation, that clause cannot stand against the Code.

Undue hardship — what counts

Only three factors may support an undue-hardship claim:

Quantifiable cost so substantial it threatens the nature or viability of the operation
Outside sources of funding — have grants, insurance, or other programs been explored first?
Health and safety — objective, evidence-based risk that cannot be mitigated

What does not count

Co-worker morale, customer preference, and conflict with the collective agreement are not undue hardship.

Meiorin three-step test (quick reference)

11. Rational connection
22. Good faith
33. Reasonable necessity

Employer must clear every step — open the dialog for full wording.

Gradual work-hardening grid

Weeks 1–2
15 hrs
Phase 1
Weeks 3–4
22.5 hrs
Phase 2
Weeks 5–6
30 hrs
Phase 3
Then
Full hours
Phase 4

Propose when WSIB/LTD is active; adjust to functional abilities.

Officer Learning module: human rights & accommodation

Medical privacy rule

The employer has no right to demand a diagnosis, symptoms, or treatment plan. They are only entitled to functional limitations and restrictions. Keep diagnosis details off this form.

What kind of request is this?

Member name

Classification / job

Date of meeting

HR contact name

Return date

Gradual hours schedule

WSIB / LTD status

Functional restrictions (no diagnosis)

Prescribed functional limitations

HR scripts & early resolution

Scripts update as you fill the form. They are talking points — not legal advice.

Email draft

Dear HR,

We propose a phased work-hardening schedule starting at reduced hours. Based on the member's functional limitations (—). We ask that any temporary measures preserve the member's pre-injury wage rate and bargaining-unit standing.

In solidarity,

Verbal script

Verbal talking points for the meeting:

We propose a phased work-hardening schedule starting at reduced hours. Based on the member's functional limitations (—). We ask that any temporary measures preserve the member's pre-injury wage rate and bargaining-unit standing.