Canadian HR Reporter

CANADIAN HR REPORTER April 17, 2017 12 NEWS Trevor was the ideal candidate , with experience and enthusiasm for the position." Inclusive Hiring Works –Suzanne Kenchington, Owner at Healing Hands Landscaping Learn more at readywillingable.ca or call 709.437.1504 " Compensation Surveys Incentive Programs Job Descriptions Job Evaluation Pay Equity Performance Appraisal Salary Administration Sales Compensation (416) 498-7800 www.resourcecorporation.com COMPENSATION CONSULTING employees' mental disability in the workplace. Step 1: Obtain better medical information Too frequently, the medical information provided by an employee or her medical pro- fessional about the mental dis- ability is insufficient or does not appropriately assist the employer to determine whether accommo- dation is feasible. One reason is that the ques- tions asked of the medical profes- sional have been developed in the context of physical rather than mental disability. For example, a traditional Func- tional Abilities Form (FAF) will inquire about an employee's bend- ing, lifting and standing restric- tions, none of which may be rel- evant when dealing with a mental disorder. Similarly, when an employer writes to a physician to inquire about "medical restrictions and limitations," the answer is often, and not surprisingly, vague and of little overall assistance in explor- ing appropriate accommodation options. To remedy this problem, an employer may request more de- tailed information about the dis- ability from the physician or seek the assistance of a third-party physician or independent medi- cal examination. Instead, an employer may want to first assess the suffi- ciency of the tools it already has to obtain the necessary medical information. There are now some larger institutional employers and pro- vincial workers' compensation bodies that include in their FAF detailed questions regarding the individual's cognitive, behav- ioural and psychological restric- tions, including: • ability to supervise others • ability to tolerate pressure and deadlines • task responsibility and persis- tence • ability to perform multiple tasks • tolerance to external stimulus • ability to work cooperatively with others • ability to cope with confronta- tional situations • responsibility and accountabil- ity • cognitive demands • tolerance of emotional circum- stances Step 2: Develop job descriptions that include physical and psychological requirements Any decision about whether to accommodate an employee can- not be based on speculation or assumption about an individual's ability to perform the essential du- ties of the job. To fulfil the duty to accommo- date an employee, an employer must objectively assess the re- quirements of the workplace, the individual's condition, and the re- strictions imposed by the mental disability. Frequently, the key source of objective information about the essential duties of the job is the job description itself. However, as mental disabil- ity becomes more prevalent, an employer may wish to consider developing job descriptions that include both physical and psycho- logical requirements. Ideally, the psychological de- mands will describe the psycho- logical, behavioural or cognitive restrictions in language mirroring that used in the Functional Abili- ties Form. Step 3: Accommodate employees flexibly and creatively When examining how to accom- modate behavioural and cognitive limitations, an employer should evaluate options that consider not only the nature of the work, but also how, when and where work is performed. While any accommodation plan should be developed in consultation with medical pro- fessionals, the chart that follows — adapted from "Accommoda- tion Strategies" from Workplace Strategies for Mental Health, an initiative of the Great-West Life Centre for Mental Health in the Workplace — lists examples of the types of accommodation that may (if practical) be available for an employee's specific mental health limitations: Step 4: Actively manage the accommodation e extent to which an employee with a mental disability is suc- cessfully reintegrated into the workplace depends largely on the ability of the employee's supervi- sor or manager to modify the way in which they engage with the em- ployee. Suggestions to encourage and support high-level engage- ment include: • With the assistance of medical professionals (where appropri- ate), educate managers and su- pervisors about mental health and accommodation, including strategies to proactively mini- mize factors that may contribute to mental health issues, and how to manage complex disability situations, suggests the 2009 re- port e Missing Link: Supervi- sors' Role in Employee Health Management from Sheppell-fgi Research Group. • Involve an employee's manager or supervisor in the discussions about accommodation, rather than have human resources make those decisions and advise the manager. e supervisor or manager is often an important contributor to the discussion about how employee accommo- dation is likely to work "on the ground." • While this may not work for ev- ery workplace, one study (cited in the Able-Minded report) sug- gests providing managers and supervisors with financial incen- tives (such as bonuses) that are tied to the successful reintegra- tion of employees who have re- turned to work following a men- tal health issue. • Hold managers and supervisors accountable (through their per- formance evaluations or other means) for the overall stress and satisfaction levels found within their own working groups, sug- gests the Missing Link report. Shana French and Brian Wasyliw are Toronto-based lawyers at Sherrard Kuzz LLP, one of Canada's leading employment and labour law firms, representing management. ey can be reached at (416) 603-0700 (main), (416) 420-0738 (24-hour) or for more information, visit www.sherrardkuzz. com. Supervisor plays important role in return to work MENTAL HEALTH < pg. 5 Limitation Mode of accommodation related to: Memory • Recording device (for example, a smart phone or digital recorder) • Electronic or online organizer • Written instructions for work assignments Environmental • Quiet work space with fewer stimuli visual and/or auditory distractions • Soothing music through headphones • Ear plugs to reduce noise distraction • Noise buffer • Work-at-home options Attention • Reduction or removal of non-essential tasks to detail • Large tasks broken into a series of smaller tasks • Increased time for completion of detailed work • Short breaks when concentration declines Multi-tasking • Modification of workplace processes to allow focus on one task at a time • Clear, close collaboration between employer and employee regarding priorities • Job-sharing Time pressures • More time to complete a task considered or stamina "high quality" Stress and • More frequent breaks emotions • Modified instructions to reduce stress response • Clear expectations about tasks • Counselor or Employee Assistance Plan assistance Confrontational • Clear policies and processes related to situations confrontational situations • Increased support for an employee who works in an potentially confrontational situations Change • Advance notice of impending change • A plan to manage change before it begins • Regular meetings to discuss and support work-related change Accommodation of a mental disability may be particularly challenging because of the nuanced requirements that each condition presents.

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