KNOW THE LAWS OF YOUR PROVINCE
Here are the general employers’ return-to-work duties under the OHS and workers’ comp laws in your jurisdiction:

1) Subject to the regulations, an employer must, when reasonably practicable, return a worker to work after his absence due to work-related illness or injury [Sec. 239.1(3)].

2) An employer may assign to a different position, with different terms and conditions of employment, any worker who, after an absence due to work-related illness or injury, is unable to perform the work he performed prior to the absence [Sec. 239.1(4)].

Canada Labour Standards Regulations:

1) The employer’s obligation to return a worker to work begins on the date that, according to a certificate from the qualified medical practitioner authorized by the plan the employer subscribes to, the worker is fit to return to work with or without qualifications and ends 18 months after that date [Sec. 34(1)].

2) When an employer can’t return a worker to work within 21 days from the date of receipt of the above certificate, the employer must, within those 21 days, notify in writing the worker and, if the worker is subject to a collective agreement, the trade union representing him, whether return to work is reasonably practicable and, if not, the reasons why it isn’t [Sec.34(3)].

1) An employer must offer to re-employ a worker who:

a) has been unable to work as a result of an accident; and

b) on the day of the accident, had been employed by the employer for at least 12 continuous months on a full-time or regular part-time basis [Sec. 49.3(1)].

2) The re-employment duty doesn’t apply to:

a) casual emergency workers, learners, volunteers, declared workers or workers in a work experience program;

b) an employer who employs fewer than 25 full-time or regular part-time workers, as determined by the board; or

c) an employer, worker or industry excluded by regulation [Sec. 49.3(2)].

3) The employer is obligated under this section until the earliest of the following dates:

a) the second anniversary of the day of the accident;

b) six months after the worker’s medically able to perform the essential duties of his pre-accident employment or other suitable work, as determined by the board; or

c) the date on which the worker would have retired from that employment, as determined by the board [Sec. 49.3(3)].

4) The employer must accommodate the work or the workplace to the needs of the worker to the extent that the accommodation doesn’t cause the employer undue hardship [Sec. 49.3(4)].

5) When the worker’s medically able to perform the essential duties of his pre-accident employment, the employer must:

a) offer to re-employ the worker in the position he held on the day of the accident; or

b) offer to provide the worker with alternative employment of a nature and at earnings comparable to his employment on the day of the accident [Sec. 49.3(5)].

6) When the worker’s medically able to perform suitable work but is unable to perform the essential duties of his pre-accident employment, the employer must offer the worker the first opportunity to accept suitable employment that becomes available with the employer [Sec. 49.3(6)].

1) An employer must co-operate in the early and safe return to work of a worker injured in its employment by:

a) contacting the worker as soon as possible after the injury occurs and maintaining communication throughout the period of his recovery;

b) providing suitable employment that’s available and consistent with the worker’s functional abilities and that, where possible, restores his pre-injury earnings;

c) giving the commission the information the commission may request concerning the worker’s return to work; and

d) doing other things that may be required in the regulations [Sec. 89(1)].

2) An employer of a worker who has been unable to work as a result of an injury and who, on the date of the injury, had been employed continuously for at least one year by the employer must offer to re-employ the worker in accordance with this section [Sec. 89.1(1)].

3) This duty applies only to an employer and a worker who had been in an employment relationship for a continuous period of one year immediately prior to the date of the worker’s injury [Sec. 89.1(2)]. It doesn’t apply to an employer who regularly employs fewer than 20 workers [Sec. 89.1(3)].

4) When a worker’s medically able to perform the essential duties of his pre-injury employment, an employer to whom this section applies must:

a) offer to re-employ the worker in the position that he held on the date of injury; or

b) offer to provide the worker with alternative employment of a nature and at earnings comparable to his employment on the date of injury [Sec. 89.1(5)].

5) When a worker’s medically able to perform suitable work but is unable to perform the essential duties of his pre-injury employment, the employer must offer the worker the first opportunity to accept suitable employment that may become available with the employer [Sec. 89.1(6)].

6) An employer must accommodate the work or the workplace for the worker to the extent that the accommodation doesn’t cause the employer undue hardship [Sec. 89.1(7)].

7) An employer’s obligated under this section until the earliest of:

a) two years after the date of disability;

b) one year after the worker’s medically able to perform the essential duties of his pre-injury employment; and

c) the date on which the worker reaches age 65 [Sec. 89.1(8)].

1) An employer of a worker must offer to re-employ a worker when he:

a) has been unable to work as a result of the injury; and

b) had been employed by the employer, at the date of the injury, for at least 12 continuous months [Sec. 90].

2) An employer, immediately upon receiving notice that a worker is able to perform the essential duties of his pre-injury employment, must offer to reinstate him in the position he held on the date of the injury [Sec. 97(1)].

3) When the Board is satisfied that the employer is unable to reinstate the worker to his prior position, the employer must offer to provide the worker with “alternative employment” (that is, employment that’s comparable to the worker’s pre-injury work in nature, earnings, qualifications, opportunities and other aspects) with the employer [Sec. 97(2)].

4) When the Board is satisfied that the employer is unable to reinstate the worker to his prior position or to provide alternative employment, the employer must offer to provide the worker with “suitable work” (that is, work which the worker has the necessary skills to perform, is medically able to perform and which doesn’t pose a health or safety hazard to the worker or any co-workers) [Sec. 97(3)].

5) An employer, immediately upon receiving notice that a worker is able to perform suitable work, must offer to the worker the first opportunity to accept suitable work that may become available with the employer [Sec. 98(1)].

6) When:

a) an employer has provided a worker with suitable work;

b) the worker is or becomes able to perform work that’s more comparable to his pre-injury work; and

c) work that’s more comparable to his pre-injury work is available with the employer,

the employer must offer to the worker the work that’s more comparable to his pre-injury work [Sec. 98(2)].

7) The employer must accommodate the work or the workplace to the needs of a worker who requires accommodation as a result of the injury to the extent that the accommodation doesn’t cause the employer undue hardship [Sec. 91(1)].

8) When an employer has offered re-employment to a worker and the worker has refused that offer, the employer’s no longer bound by the duty to re-employ with relation to that worker [Sec. 93].

9) An employer is obligated as described above until the earlier of the day that:

a) is two years after the date of the injury to the worker; or

b) the worker attains the age of 65 years [Sec. 92(1)].

10) When an employer re-employs a worker less than six months before the time described in 9(a) above, it’s obligated for six months after the date of re-employment [Sec. 92(2)].

11) The above duties don’t apply to:

a) any employer that, in the opinion of the Board, regularly employs fewer than 20 workers or such other number of workers less than 20 as the Board may prescribe by regulation;

b) any class or subclass of employers or workers exempted by the Board by regulation by reason of the nature of the industry; or

c) the construction industry, unless included by the Board by regulation [Sec. 89(1)].

1) The employer of an injured worker must co-operate in the early and safe return to work of the worker by:

a) contacting the worker as soon as possible after the injury occurs and maintaining communication throughout the period of his recovery and impairment;

b) attempting to provide suitable employment that’s available and consistent with the worker’s functional abilities and that, when possible, restores his pre-injury earnings;

c) giving the Board such information as the Board may request concerning the worker’s return to work; and

d) doing such other things as may be required [Sec. 40(1)].

2) The employer of a worker who has been unable to work as a result of an injury and who, on the date of the injury, had been employed continuously for at least one year by the employer must offer to re-employ the worker [Sec. 41(1)].

3) The duty to re-employ doesn’t apply to employers who regularly employ fewer than 20 workers or such classes of employers as may be prescribed [Sec. 41(2)].

4) When the worker’s medically able to perform the essential duties of his pre-injury employment, the employer must offer to:

a) re-employ the worker in the position that he held on the date of injury; or

b) provide the worker with alternative employment of a nature and at earnings comparable to his employment on the date of injury [Sec. 41(4)].

5) When the worker’s medically able to perform suitable work (although he’s unable to perform the essential duties of his pre-injury employment), the employer must offer the worker the first opportunity to accept suitable employment that may become available with the employer [Sec. 41(5)].

6) The employer must accommodate the work or the workplace for the worker to the extent that the accommodation doesn’t cause the employer undue hardship [Sec. 41(6)].

7) The employer is obligated as described above until the earliest of:

a) the second anniversary of the date of injury;

b) one year after the worker’s medically able to perform the essential duties of his pre-injury employment; and

c) the date on which the worker reaches age 65 [Sec. 41(7)].

Note: Special requirements apply to employers engaged primarily in construction under this Act and a regulation.

1) An employer must cooperate in the early and safe return to work of a worker injured in his employment by:

a) contacting the worker as soon as possible after the injury occurs and maintaining communication;

b) providing suitable employment that’s available and consistent with the worker’s functional abilities and that, where possible, restores his pre-injury earnings;

c) providing the Board the information it may request concerning the worker’s return to work; and

d) doing such other things as required by the regulations during the period of the worker’s recovery [Sec. 86(1)].

2) The duty to cooperate:

a) applies only to accidents that occurred on or after the date this section comes into force; and

b) doesn’t apply to the construction industry unless it’s included by the Board by regulation [Sec. 86(10)].

3) When a worker:

a) has been unable to work as a result of an accident; and

b) has been employed by the employer, at the date of the injury, for at least 12 continuous months

the employer must offer to re-employ the worker [Sec. 86.1].

4) When a worker’s medically able to perform the essential duties of his pre-injury employment, the employer must offer to reinstate him in the position that he held on the date of the accident [Sec. 86.3(1)].

5) When the Board’s satisfied that the employer’s unable to reinstate the worker to his prior position, the employer must offer “alternative employment” (that is, employment that’s comparable, as determined by the Board, to the worker’s pre-injury work in nature, earnings, qualifications, opportunities and other respects) to the worker [Sec. 86.3(2)].

6) When a worker’s medically able to perform suitable work but is unable to perform the essential duties of his pre-injury employment, the employer must offer to the worker the first available “suitable work” (that is, work that a worker has the necessary skills to perform and is medically able to perform, and that doesn’t pose health or safety hazards to the worker or co-workers, as determined by the Board) with the employer [Sec. 86.4].

7) An employer must, to the satisfaction of the Board and in order to fulfil its obligations as described above, accommodate the work or the workplace to the needs of a worker who

requires accommodation as a result of the injury to the extent that the accommodation doesn’t cause the employer undue hardship [Sec. 86.5].

8) When an employer has offered re-employment to a worker and the worker has refused this offer, the employer is no longer bound by the duty to re-employ [Sec. 86.6].

9) The above duties don’t apply to:

a) an employer that, in the opinion of the Board, regularly employs fewer than 20 workers; and

b) the construction industry, unless it’s included by the Board by regulation [Sec. 86.11(1)].

10) An employer is obligated under the above duties until the earlier of:

a) two years after the date of the accident; and

b) the date on which the worker attains 65 years of age [Sec. 86.11(2)].

1) An employer must co-operate in the early and safe return to work of a worker injured in his employment by:

a) contacting the worker as soon as possible after the work-related injury occurs and maintaining communication throughout the period of his recovery;

b) providing suitable employment that’s available and consistent with the worker’s functional abilities and that, where possible, restores his pre-injury earnings;

c) if the earnings for suitable employment offered by the employer and accepted by the worker are less than his pre-injury earnings, either the employer or the board or a combination of the employer and the board must pay the worker in accordance with a board of directors’ policy;

d) giving the board the information the board may request concerning the worker’s return to work; and

e) doing other things that may be prescribed by the board in order to facilitate the worker’s early and safe return to work [Sec. 40(1)].

2) An employer of a worker who has been unable to work as a result of an injury and who, on the date of the work-related injury, had been employed in a continuous employment relationship for at least one year by the employer, must offer to re-employ the worker [Sec. 41(1)].

3) The duty to re-employ doesn’t apply to an employer who regularly employs fewer than 20 workers [Sec. 41(2)].

4) When a worker’s medically able to perform the essential duties of his pre-injury employment, an employer must:

a) offer to re-employ the worker in the position that he held on the date of work-related injury; or

b) offer to provide the worker with alternative employment of a nature and at earnings comparable to his employment on the date of the work-related injury [Sec. 41(3)].

5) When a worker’s medically able to perform suitable work but is unable to perform the essential duties of his pre-injury employment, an employer must offer the worker the first opportunity to accept suitable employment that may become available with the employer [Sec. 41(4)].

6) An employer must accommodate the work or the workplace for the worker to the extent determined by the board [Sec. 41(6)].

7) An employer is liable for the payment of up to a maximum of $1,000 in expenses related to the accommodation of the work or the workplace for the worker as the board considers appropriate to enable the worker to return to work. The board shall pay the expenses in excess of $1,000 that are related to the accommodation of the work or workplace for the worker, as the board considers appropriate, to enable the worker to return to work [Sec. 41(7)].

8) Where an employer has offered re-employment to a worker and the worker has refused this offer, the employer’s no longer bound by the duty to re-employ that worker [Sec. 41(9)].

9) An employer’s obligated under the above duties until the earliest of:

a) two years after the date of work-related injury;

b) one year after the worker’s medically able to perform the essential duties of his pre-injury employment; or

c) the date on which the worker reaches the age that a worker becomes entitled to apply for benefits under Part 1 of the Old Age Security Act [Sec. 41(8)].