Final Approval Body: Senior Leadership Team
Senior Administrative Position with Responsibility for Policy: Associate Vice-Principal, Human Resources
Date Initially Approved: January 12, 2015
Date of Last Revision: October, 2024
Purpose
This procedure, under the Workplace Accommodation Policy, outlines the process by which:
- Employees can request an Accommodation based on Protected Grounds within the Ontario Human Rights Code; and
- Job applicants can request an Accommodation due to Disability as per the Accessibility for Ontarians with Disability Act.
Procedure
An Accommodation need may be identified in several ways, including the following:
- An Employee may identify the need for Accommodation based on a Protected Grounds, by notifying their Employment Supervisor.
- An Employment Supervisor may follow up with an Employee should there be an indication there may be a need for Disability Accommodation not requested by an Employee).
- An Employee experiences a Disability, illness or injury, including a surgical procedure, where Disability Accommodation would allow them to stay at work or return to work after a leave due to the injury, illness or surgery.
- A job applicant may request a Disability Accommodation during the recruitment process.
1. Identifying a Need for Accommodations
a. Job Applicants
During the recruitment process, the assigned Department Designate, Recruitment Lead or Human Resources will inform job applicants about the university鈥檚 commitment to provide Accommodation and shall provide Appropriate Accommodation upon request. During this process, the university will consult with the applicant and provide or arrange for the provision of an Appropriate Accommodation in a manner that considers the applicant's needs due to a Protected Ground.
b. Existing Employee
In addition to the below, Faculty member requests for timetabling Accommodation are managed through the Tier Timetabling Process as outlined in the Queen鈥檚 University Faculty Collective Agreement.
Employees should first notify their Employment Supervisor and/or Employee Wellness Service for disability related, regarding their need for Accommodation. A request for an Accommodation from an Employee is to be submitted in writing using the Workplace Accommodation Request Form. Specific information may be required depending on the request's nature; see sections below.
Employees seeking Accommodation are expected to provide their fullest cooperation in providing any information or medical assessments relevant to determination of the Accommodation.
The Employment Supervisor will accept the Accommodation request in good faith and exercise due diligence to expeditiously resolve requests for Appropriate Accommodation of Employees. When determining the Appropriate Accommodation measure the Employment Supervisor should consult Human Resources, Employee Wellness Services (for Disability Accommodations) and/or the Faculty Relations Office. In situations where the Employment Supervisor determines there is no ability to provide an Accommodation without causing Undue Hardship, they are required to consult with Human Resources prior to communicating such to the Employee and/or union.
For Employees who have been away from work due to illness or injury and require Accommodation upon return, the Return-to-Work Policy and Procedure will apply.
2. Providing Documentation to Support the Accommodation Request
For most requests related to Accommodation, the Employee must provide the university the Protected Grounds on which the Accommodation (i.e., medical, family status, creed, gender identity etc.), the Accommodation being requested and suggestion(s) as to how the Accommodation can be achieved. This information will be submitted using the Workplace Accommodation Request Form.
While Appropriate Accommodation is being determined, the university reserves the right to request further information. All information is to be provided in a timely manner or there exists a risk that an Accommodation is not implemented.
For a Disability Accommodation request,
When requested, by either the Employment Supervisor or Employee Wellness Service, the Employee is required to provide Substantiated Medical Documentation to Employee Wellness Services in order to substantiate their entitlement to Disability Accommodation. All Substantiated Medical Documentation must be directed to Employee Wellness Services.
The Employee Wellness Services Lead requires Substantiated Medical Documentation from a relevant regulated health professional to assess the Disability Accommodation being considered. Information will be sought with the consent of the Employee and Employee Wellness Services will provide Employee reimbursement for the cost of the requested medical documentation will be as set out in the relevant policy and/or collective agreement.
Where the Employee requires time away from work, they may be entitled to Sick Leave and/or Sick Benefits depending upon the specific circumstances.
The Employee Wellness Services Lead and Employment Supervisor, in consultation with the Employee, and where appropriate union, will jointly assess the proposed Disability Accommodation considering the information provided, the individual needs of the Employee and the operational requirements of the university.
While the Appropriate Accommodation is being determined, the university reserves the right to require further information, including relevant Substantiated Medical Information with the Employee鈥檚 consent, or opinions that will assist the university to determine if a Disability Accommodation can be achieved and how it can be achieved. The Employee can be provided with a copy of their medical information received upon request.
The university further reserves the right to require the Employee to participate in an independent medical evaluation by a qualified regulated health professional to assist in determining what Disability Accommodation is needed, how much it will cost, and how it can be provided. Representatives of any applicable collective bargaining agent may participate in this process if outlined in the relevant collective agreement. Costs associated with independent medical evaluations requested by the Employer will be covered by the Employer.
The Employee Wellness Services Lead and Employment Supervisor will jointly finalize a decision regarding the Disability Accommodation. The Employee Wellness Services Lead shall notify the Employee, in writing or other format as required by the Employee's Disability, of the decision and the reason(s) for the decision.
The Employee Wellness Lead and Environmental Health and Safety Department will provide an individualized Accommodation Plan that includes a Workplace Emergency Response Plan, if required, in accessible formats and with communication supports, if requested, and any other Accommodation that is to be provided.
For Creed Accommodation requests:
Employees are encouraged to discuss their Accommodation needs and potential solutions with their Employment Supervisor. Many Creed Accommodation requests can be addressed through existing resources, processes and/or entitlements. For example, depending upon the nature of the position, time off for religious observances may be accommodated through allotted benefits, or flexible scheduling and it may not be necessary to use the Workplace Accommodation Request Form.
Where it is unclear whether Creed Accommodation request falls under this Policy, or when the appropriate accommodation is unclear, the Employment Supervisor may request completion of a Workplace Accommodation Request Form. The Employment Supervisor is responsible for determining whether a full Workplace Accommodation Request Form should be completed and to advise the Employee. Employment Supervisors are encouraged to consult with Human Resources, and/or the Employee and Labour Relations Team or Faculty Relations Office, if they are unclear how to respond to a request.
Should a Workplace Accommodation Request Form be required for a creed Accommodation request, the Employee must identify, in writing, the conflict between the job requirements and the Employee鈥檚 sincerely held belief and/or religious practice. Where necessary, in the interest of understanding the basis of a creed-based accommodation, a first step will often be consultation with HREO and/or supporting information may be requested.
For Family Status Accommodation requests, the Employee must confirm in writing, using the Workplace Family Status Accommodation Request Form:
- The nature of the parent-child or parent-child-like relationship and that the child or parent is under the Employee鈥檚 care and supervision.
- The nature of the child-care or parent-care obligation. It should be based on a legal responsibility for the child or parent, as opposed to a Preference.
- What other options the Employee has explored to meet Family Status obligations?
- How the work obligations and caregiver responsibilities conflict, and
- Suggest feasible options for Accommodation.
Additional documentation may be requested by the university to support the request for Accommodation.
For Gender Expression, Gender Transition and Gender Identity-based Accommodation requests:
Employees are encouraged to discuss their Accommodation need and potential solutions with their Employment Supervisor. If requesting Sick Leave or Disability Accommodation, please reference the section pertaining to Disability Accommodation requests. Many Gender Expression, Gender Transition, and Gender Identity-based Accommodation requests can be addressed through existing resources, processes and/or entitlements. For example, time off for surgical procedures may be accommodated through allotted benefits, i.e. Sick Leave and/or Sick Leave Benefit and it may not be necessary to use the Workplace Accommodation Request Form.
In the above situations, the Employment Supervisor is responsible for determining whether a full Workplace Accommodation Request Form should be completed and to advise the Employee. Employment Supervisors are encouraged to consult with Human Resources, and/or the Employee and Labour Relations Team or Faculty Relations Office, if they are unclear how to respond to a request.
Should a Workplace Accommodation Request Form be required for a Gender Expression, Gender Transition and Gender Identity-based Accommodation request, the Employee must identify, in writing, the conflict between the job requirements and the Employee鈥檚 identified needs related to Gender Expression, Gender Transition and/or Gender Expression.
Requests for Accommodation based on other Code-prohibited grounds should be approached using the same process as outlined in this procedure:
- Submitted in writing using the Workplace Accommodation Request Form.
- Include the Protected Grounds on which the request for Accommodation is based.
- Outline how the work and Protected Ground intersect such that it requires Accommodation.
- Suggest feasible options for Accommodation.
3. Reviewing & Documenting the Accommodation Request
The Accommodation discussion must be a collaborative process. This may include discussion with the Employee, the Employment Supervisor, and when necessary, include the Human Resources and/or Employee Wellness Services representative(s), the union (if applicable) and licensed practitioner/religious authority (if applicable and as appropriate). The discussion should consider the Employee鈥檚 needs and the operational requirements of the department and the Bona Fide Occupational Requirements of the job.
The Employment Supervisor will work with the Human Resources and/or Employee Wellness Services Lead to coordinate the Accommodation based on relevant documentation to the point of Undue Hardship for the university. The Employee and Labour Relations Team and Faculty Relations Team are available for consultation and guidance as required.
Employees must be able to fulfill the Bona Fide Occupational Requirements of their job within the Accommodation. There may be unique circumstances in which Temporary Alternative Work is considered.
Once all parties have discussed the Accommodation, a written individual Accommodation Plan will be prepared by the Employment Supervisor, Human Resources, and/or Employee Wellness Services Lead to outline the details of the Accommodation Plan. This Accommodation Plan will be shared in writing with the Employment Supervisor, Employee, and Union Representative (if applicable).
The Employment Supervisor and the Employee will implement the Accommodation Plan with support from Human Resources, Employee Wellness Services, and the Employee鈥檚 union (if applicable) as required.
Where the Accommodation request cannot be supported, a written response will be provided to the Employee outlining the reasons.
The Duty to Accommodate does not include placing an Employee requiring Accommodation into a higher paying job as part of an Accommodation plan and the university is not required to create a job or to significantly alter a job to the point where it can be considered a different job in order to accommodate an Employee.
4. Reviewing the Accommodation Plan
The Employment Supervisor is required to initiate a review of the Accommodation Plan annually or within 30 days of any of the following events:
- The Employee moves to a new location in the workplace.
- The Employee experiences a change in their Accommodation needs.
- The needs of the university change in a way that affects the Bona Fide Occupational Requirements of the Employee's job.
- Upon review of the university鈥檚 general emergency response policies.
5. Privacy and Confidentiality
Personal information concerning an Employee cannot be released without the prior written consent of the individual and must be managed in a manner that is consistent with the Freedom of Information and Protection of Privacy Act (鈥淔IPPA鈥) as applicable. In order to facilitate the Accommodation Process, Employees/applicants will not unreasonably withhold such information.
Where the Accommodation process requires the release of confidential information to a third party (such as an external resource group), the third party, and any person or department delegated by that third party, will be required to ensure that confidentiality is protected, that the information obtained is kept in a secure location, and used solely for the purpose for which the release was required.
6. Ongoing Accommodation Needs
Employment Supervisors will consider the accessibility needs of their Employees and individual Accommodation Plans when managing an Employee's performance, career advancement or redeployment opportunities in a non-discriminatory manner.
7. Referral to the Accommodation Program
When an Employee cannot be accommodated in their current position due to being unable to complete the Bona Fide Occupational Requirements of their position, for the foreseeable future, yet they are still able to work in some capacity, the Employee will be referred to the Accommodation Program.
8. Disputing the Response
If the Employee is not satisfied with the decision regarding the request for an Accommodation, they may seek the advice of their union, Human Rights Advisory Services and/or appeal the decision through the procedures outlined in the Harassment and Discrimination Prevention and Response Policy or Grievance Procedure, if applicable.
Related Policies, Procedures and Guidelines:
- Workplace Accommodation Policy
- Accessibility Policy
- Return to Work Policy
- Return to Work Procedure
- Accommodation Program
- Sick Leave Policy and Procedure
- Harassment and Discrimination Prevention and Response Policy and Procedure
- Grievance Procedure
- Employment Equity Policy
- Employment Equity Procedure
- All collective agreements between 成人大片 at Kingston and Employee groups