Canadian Employment Law Today

Disability management programs: Challenges turned opportunities Formalization and integration key elements of an effective disability management program for organizations BY DIANNE DYCK T oo many employee absences can weaken an employer's foundation, leaving concerns over smooth busi- ness operation and a strong and consistent workplace culture. But there are ways employers can minimize the impact of the inevitable bumps in the road caused by absences and modified work that employee disabilities can present — such as effective disability management programs (DMPs). According to Statistics Canada, in 2015 unionized full-time employees missed 1.9 times more workdays than their non- union counterparts. Public sector employ - ees missed 1.6 times more workdays (12.7) than employees in the private sector (7.8). Women missed more workdays (11.1) than men (7.3). ese findings are historically consistent. In Canada, as women are the major care - givers — a responsibility associated with psychological and physical illness, and even injury, according to a 2013 study on family caregiving by Turcotte. e Statistics Can - ada data indicate that women experience more work absence days due to personal or family responsibilities, and when they do get ill or injured, they carry on with their responsibilities, delaying recovery. Older workers miss more workdays than younger workers. Today, more than 20 per cent of Canadian workers are over 60 years of age. Jan Chappel, senior technical special - ist at the Canadian Centre for Occupational Health and Safety, indicates in the Septem- ber issue of Canadian Occupational Safety that although older workers do not get in- jured more often, they take longer to recov- er. As well, the nature of injury differs. Older workers experience more musculoskeletal and time-accumulation injuries along with chronic health conditions; all difficult to re - habilitate resulting in costly absences. Obtaining relevant fitness-to-work information Employers, as per Canadian human rights legislation, have a legal duty to inquire about the nature of the employee's real or perceived disability, along with the related prognosis, expected return-to-work date, and possible residual work limitations. is means a need for suitable communi- cation vehicles, such as a policy on early intervention and case management, a report of absence form, a Job Demands Analysis of the employee's "own job," and a Functional Abilities Form. Many em- ployers do not use these tools. Without the above information, the pro- vision of reasonable accommodation is challenging, if not impossible. Psychological disabilities e incidence of psychological disabili- ties and disorders has increased in our society; the workplace mirrors this occur- rence. ese costly disabilities ($18,000 per claim as estimated by the Centre for Addictions and Mental Health) are esti- mated to be twice the price of physical disability situations ($9,000) and more challenging to resolve because of: • Employees trying to work through a psy- chological illness/injury. • Difficulty in getting the right treatment. • e lack of psychologically safe and healthy workplaces. • Having employee support services posi - tioned as standalone, "siloed" programs as opposed to being integrated. Time lags in medical care Medical time lags are common, espe- cially in rural and remote areas. A related issue occurs when an attending physician conservatively treats the employee's ill- ness or injury, despite little evidence of recovery. e outcomes are lengthy work absences and delayed return-to-work ex- periences. Having access to a disability management service provider can facili- tate care though the availability of their network of healthcare practitioners. Un- fortunately, few employers have arranged for this type of mitigation. Conflicting medical opinions Why is this a common occurrence? Healthcare practitioners receive a one- sided viewpoint of the "job" and work en- vironment. Many employers just accept a "medical certificate" as opposed to pro- viding the healthcare practitioner with a Job Demands Analysis of the employee's job, and requesting that a Functional Abilities Form be completed. Secondly, the right information is often being asked from the wrong healthcare practitioner. Physicians treat and cure, but are limited in their ability to quantify the employee's physical or psychological capabilities. If seeking that type of information, the Functional Abilities Form should be sent to a physiotherapist, occupational thera- pist or psychological counsellor. Com- petent disability management case man- agers can facilitate employer access to timely and accurate medical information. Understanding the cost of disability Only a few Canadian employers know the real cost of disability. Why? Ac- cording to a 2013 Conference Board of Canada report, just 54 per cent of em- ployers track employee casual absences, and a 2007 survey by Hewitt Associates revealed only 27 per cent track employee disability; a 2011 Towers-Watson survey revealed even fewer employers (22 per cent) use that information to determine the related costs, outcomes and impact. Hence, a small number of Canadian em- ployers use targeted prevention and miti- gation strategies to effectively address medical absences. Vendor risk management Many employers outsource all or part of their DMP, without understanding that they retain the related liability and re- sponsibility to accommodate the disabled employee. CANADIAN EMPLOYERS face a number of challenges in managing employee medical absences and disability. Some challenges stem from their leadership, business practices and work culture; some from societal conditions and pressures along with demographic influences. Occupational health and safety specialist Dianne Dyck discusses best practices in managing absences and accommodation related to employee disabilities. BACKGROUND 4 Canadian HR Reporter, a Thomson Reuters business 2017 CASE IN POINT: ACCOMMODATION

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