November 7: Update to Membership
Know your responsibilities as a SAFA Member
Recently, I’ve had several questions regarding how employees can access the supports and leave available to them due to illness or disability. This week, I’d like to talk about the Duty to Accommodate and Casual Sick Leave. Next week, I’ll provide more information about General Sick Leave, Long Term Disability, and the return-to-work process.
The Employer’s Duty to Accommodate
Employers have a legal duty to take reasonable steps to accommodate individual needs to the point of undue hardship. This is called the Duty to Accommodate. The Supreme Court of Canada says: “The purpose of the duty to accommodate is to ensure that persons who are otherwise fit to work are not unfairly excluded where working conditions can be adjusted without undue hardship.” SCC decision (Hydro Quebec)
Examples of Duty to Accommodate
- Providing a special screen and software for people with visual impairment
- Allowing an employee to take time off to attend a medical appointment
- Managing an employee’s schedule in a way that balances their work and caregiving obligations
- Making wheelchair access available to people with disabilities
Accommodations may be temporary or permanent, but any accommodation must be based on a need related to a ground that is protected under the Alberta Human Rights Act. The Alberta Human Rights Act prohibits discrimination based on the protected grounds of race, colour, ancestry, place of origin, religious beliefs, gender, age, physical disability, mental disability, marital status, family status, source of income and sexual orientation. Most accommodation processes relate to illness, injury, or disability – whether mental or physical – but accommodation may also be required for other reasons such as childcare obligations. The Duty to Accommodate can involve multiple steps. Thankfully, we have a process that we can follow – please see the Medical and Non-Medical Accommodation information posted on SAITNow.
The Employee’s Responsibility in the Duty to Accommodate Process
The employer (SAIT), the employee, and SAFA, all have a duty to cooperate in the accommodation process. Accommodation requires give and take by both the employer and the employee. I noted earlier that employers must take “reasonable steps” to accommodate an individual, however, it is important to note this does not mean that the employee is automatically given all accommodations that they request. Instead, they must be willing to accept alternatives that provide reasonable accommodations.
Employees have the right to privacy regarding their personal medical information. Generally, their confidential medical information is shared only with those who need to know for specific purposes, such as arranging for modifications. SAIT uses a third party, Lifeworks, as an intermediary so that detailed medical information isn’t share with anyone in the employee’s immediate workplace (department or school). More information about this process is available on SAITNow.
On the other hand, employees should note that the SAIT has the right to medical information, within certain limits, in order to determine proper accommodations for return to work. An employee’s failure to cooperate in this process may result in SAIT denying the employee’s request for accommodation, among other consequences.
SAFA’s Support in the Duty to Accommodate Process
SAFA will provide representation, at an employee’s request, whenever a member is seeking accommodations. Our goal is to ensure that our members are supported throughout the process, that the process is consistently applied, and that members are treated fairly. If you are considering the accommodation process, please contact me at [email protected] for confidential information and support.
Casual Sick Leave
If you are ill with a flu, cold, etc., you may be absent from work for up to three consecutive work days without completing paperwork. (During specified times in the last two years, SAIT extended this period to up to 5 days. However, we have returned to following the Collective Agreement, Section 22 language.) If, however, you are absent for more than three days in a row, notification is required. So, on the fourth day of absence, you should submit a general sick leave form (DM13) to [email protected]. If the return to work is expected within 5 work days, no additional steps will be needed. You have up to ten casual illness days available to you annually, which reset on January 1st of each year.
I will talk more about longer leaves, such as General Sick Leave and Long-Term Disability, next week.
In Solidarity,