Canadian HR Reporter

CANADIAN HR REPORTER August 8, 2016 16 FEATURES/EMPLOYMENT LAW EFAPs The EFAP evolution Employee and family assistance programs are adapting to better meet employee needs By Barb Veder T he workplace is changing, shaped by various trends that include shifting de- mographics, the increasing use of technology and a global shar- ing economy that reaches across borders for resources. e im- pact on employees is both posi- tive and negative: ey may en- joy greater flexibility in working arrangements and better tools to enhance capabilities, but also experience higher stress. Employee and family assistance programs (EFAPs) are evolving as a result of these workplace changes, as well as a new perspec- tive on their purpose. Employers have become more aware of the cost of both absenteeism and pre- senteeism and have begun to view EFAPs as a preventative measure that can help lessen their impact. Every dollar invested in an EFAP provides more than eight times the return on investment (ROI) in terms of both improved produc- tivity at work and reduced rates of employee absence, according to the 2014 Morneau Shepell study Return on Investment for Employee and Family Assistance Programs. Identifying appropriate support services An effective EFAP — one that pro- vides the greatest benefit to em- ployees and maximum ROI — is tailored to a particular organiza- tion and evolves over time. While certain core elements of the EFAP may be standard, such as profes- sional counselling and family sup- port, other services can be much broader. Organizations can work collaboratively with their EFAP to ascertain the specific needs of their workforce. EFAP support services have expanded to address the "total health" of employees and their families. It is not unusual to see support for issues related to fam- ily, finances and career; peri- and post-critical incident mental health support; physical health and fitness, nutrition support, and naturopathic advice; effective work habit development; people leader challenges; and cultural and emotional difficulties faced by expatriates and families on assignment. As EFAPs evolve to meet changing times, new services are also being offered. "EFAP providers need to be ahead of the curve in ensuring they have the required expertise available to provide new services," says Rita Fridella, executive vice- president and general manager of employee support solutions at Morneau Shepell. "Some of these services may be geared to the specific needs of a certain segment of the workforce, such as trauma support for first responders and their families. Others are reflective of a grow- ing awareness of the prevalence of certain conditions, such as depression, and how they can im- pact attendance, productivity and retention." Effective delivery While having appropriate assis- tance available is essential, other key factors must be considered to realize the full benefit of an EFAP. "Merely offering an EFAP doesn't mean that employees will use it. ere will be little uptake if they are unaware of the ser- vices offered, aren't assured of confidentiality, have difficulty or discomfort in accessing support, and/or aren't confident that the support offered will help," says Fridella. e following points are useful for determining whether an EFAP provider will be able to meet workforce needs successfully: • Communication: Informing employees about the EFAP and what it can do for them requires frequent communication, likely using multiple platforms. A pro- vider should have suggestions for an effective, ongoing communi- cation strategy, as well as prec- edents that might be adapted for the organization's use. Beyond the services covered, essential messages are that there is no stigma attached to seeking help, that privacy and confidentiality are assured, and that support can be easily accessed through a variety of channels (such as tele- phone, online and mobile apps). • Focus on workplace issues: Ef- fective EFAP providers have a special understanding of work- place issues and their nuances. ese issues can have a signifi- cant impact on productivity and must be addressed within the workplace context to be properly resolved. "Note that 'workplace' has a broad meaning these days," says Fridel- la. "at there are so many more work-from-home employees, as well freelancers and global workforce resources, means that new issues have arisen that make familiarity with and focus on this particular area even more important." • Frontline capabilities: EFAPs need to be able to provide quick and easy access to whatever support is needed. e intake process must connect employ- ees and family members to the appropriate support as swift- ly as possible, and be able to screen for risk and immediately triage to emergency support if necessary. • Consistent quality of service: EFAP support requires a high standard of service where best practices are implemented and delivery and quality are consis- tent across a network of coun- sellors and other experts. • Support when it is needed: Job demands may spill over into per- sonal time, and the separation between the two is increasingly blurred. EFAP services must be available 24-7, 365 days a year to meet the needs of today's work- force and their families. • Accessibility: The increas- ing use of and preference for technology, especially for com- munication, means in-person counselling may not be the most desirable means of support for a growing segment of employees. Again, EFAP providers must be innovative not only with respect to services offered, but in how they offer them. "Taking advantage of technol- ogy and making services avail- able through a variety of access points, such as phone, text, chat, web, social media and mobile apps, ensures that employees have options and stay within their comfort zone to obtain sup- port," says Fridella. • Reporting: e EFAP provider should track each organization's EFAP usage rates and use this data to work strategically with the organization to ensure em- ployees are getting the support they need. If the EFAP statistics are also tied into other HR pro- grams, such as absence manage- ment and disability and produc- tivity measures, in an integrated fashion, it is also possible to de- termine — and even improve — the EFAP's ROI. "Changing needs require a commitment to continuous in- novation on the part of providers and recognition by employers that an EFAP is not a static program," says Fridella. at's why organizations should assess their EFAPs on several cri- teria — digital access to support, holistic solutions linking physical and mental health, and proactive, preventative employee support —to ensure the best resources are available to employees. Barb Veder is vice-president of global clinical services and clinical and re- search lead at Morneau Shepell in Ottawa. For more information, visit morneaushepell.com. held that so long as the guidelines were not binding on officers, and were applied in a manner that permitted departures where war- ranted, it was not unreasonable for officers to apply and follow them in most cases. However, while the officer demonstrated some flexibility in his interpretation, his decision contained a reviewable error be- cause it did not address the evi- dence presented by the employer in a transparent, intelligible and reasonable manner. Specifically, the officer neglected to consider the further clarification of the ad- vertising process provided by the employer. e employer presented evi- dence that at least one of the ads continued to be available and in- dicated that to the officer, and it was not for the court to decide its weight. e reviewable error was the absence of any analysis of that evidence to support the conclu- sion that the efforts made by the employer were not sufficient. Having found that the officer's decision should be quashed on the basis of the advertising issue, the court declined to consider the portion of the LMIA refusal dealing with the prevailing wage discrepancy. e matter was re- mitted back to the TFWP for a decision by a different officer. e advertising guidelines and the interpretation of reasonable efforts to hire Canadians to be made by an employer seeking to employ a temporary foreign worker have been fraught with inconsistencies in interpretation by officers across Canada. The decision in this case should give some comfort to employers and strengthen their position as to what constitute reasonable efforts to hire Canadians. However, it would be preferable for employers to insist the guidelines be revised, made clear, reasonable and trans- parent to avoid further litigation. For more information see: • Charger Logistics Ltd. v. Canada (Minister of Employment and Social Development), 2016 Car- swellNat 593 (F.C.). • Frankie's Burgers Lougheed Inc. v. Canada (Minister of Employ- ment and Social Development), 2015 CarswellNat 107 (F.C.). • Canadian Reformed Church of Cloverdale B.C. v. Canada (Min- ister of Employment and Social Development), 2015 CarswellNat 4453 (F.C.). Sergio R. Karas is principal of Karas Immigration Law Professional in To- ronto. He can be reached at (416) 506- 1800 or karas@karas.ca. Reviewable error in analysis ADVERTISING < pg. 5 Credit: Andrey Burmakin (Shutterstock)

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