Accommodation in the workplace
Read about employers’ legal duty to accommodate workers with work-related injuries.
Under Saskatchewan labour standards and human rights legislation, an injured worker can’t be dismissed or treated differently by their employer because of an injury or illness.
Employers have a legal duty to accommodate, which means that they must make every reasonable effort, short of undue hardship, to identify and eliminate from the workplace anything that discriminates against workers or puts them at a disadvantage, including in situations involving disability. This is true whether the disability is work related or not, temporary or permanent. For more information on your rights, visit the Human Rights Commission websites, www.chrc-ccdp.ca or saskatchewanhumanrights.ca/.
Under The Workers’ Compensation Act, 2013, injured workers also have a legal obligation to keep their loss of earnings to a minimum by helping to develop rehabilitation and return-to-work plans and by participating in those plans.
An injured worker should ask their care provider about any temporary or permanent limits on what they can do because of their injury and an estimated date for when they should be able to return to work. The worker should give this information to their employer.
The Saskatchewan Workers’ Compensation Board (WCB) representative will work with the injured worker, the employer and the care provider to put together a return-to-work plan for the worker based on the worker’s medical limits, skills and education. This plan may include changes to hours of work and/or job duties so the worker can keep working while waiting for treatment or surgery. As the worker recovers, their hours and duties will gradually increase to help them return to normal work activity.