Home Forums Answer for Long-term illness and injury leave vs medical leave (Human Rights Act)

vickyp
Keymaster
Post count: 2894

First and foremost, I can offer you a personal opinion BUT NOT LEGAL COUNSEL. This sounds like the kind of situation that requires talking to a lawyer.
Having said that, I can suggest that you get a complete medical assessment of the employee’s capabilities and needs. Now that the accommodations process has been engaged, an informal doctor’s note isn’t enough. I’m assuming the employee isn’t in a union; but if that’s wrong, you need to get the union involved in the accommodations process.
Once you assess the employee’s assessments and needs, determine what, if anything, you can offer that’s suitable. Keep in mind that the accommodations process is bilateral. Your responsibility isn’t necessarily to make final decisions but to negotiate with the employee and his representatives. Work together to find a solution.
If the employee refuses to provide the needed medical information or cooperate in the accommodations process, you likely have ground to terminate–at that point, accommodations go from reasonable to undue hardship. But you need to document this very clearly and precisely. Another caveat is that there may be other facts or circumstances affecting the situation that I don’t know about. For all these reasons, TALK TO A LAWYER. Hope that helps and happy holidays. Glenn