By GSU staff rep Brian Lark

Leaves of Absence and the Duty to Participate in the Return-to-Work Process
Understanding Rights, Responsibilities, and the Path Back to Work

Personal time away from work has become an increasingly important factor for employees in all sectors. The increased talks and understanding, surrounding mental health and the impact it has on our lives and in the workplace have led to more awareness the importance of taking the time away from work to heal. The understanding that if an incident occurs it is important to take the time to heal both physically and mentally, and to be fit for duty before returning to work full time.

When an employee is away from the workplace due to illness, injury, or any other approved reason, the leave of absence can be a vital support tool. However, both employers and employees share responsibilities in ensuring a successful and safe return to work. One of the most critical responsibilities during this period is the duty to participate in the return-to-work process.

What is a Leave of Absence?

A leave of absence is time taken off work with the employer’s approval, either paid or unpaid, due to various reasons such as:

• Medical or mental health issues
• Workplace injuries (covered by Workers’ Compensation)
• Maternity or parental leave
• Family emergencies or caregiving responsibilities
• Personal or religious reasons

Each type of leave is subject to specific laws and collective agreement approvals. The laws and approvals in the collective agreements determine the length of approved leave, documentation requirements, and benefits protections while on leave.

The Return-to-Work Process

Returning to work after a leave isn’t as simple as walking through the door again. It often involves a structured process aimed at assessing the employee’s readiness and ability, accommodating any medical restrictions, and ensuring a smooth reintegration into the workplace.

Key components of this process typically include:

• Medical Clearance: The employee may be required to provide medical documentation outlining their fitness to return and any necessary accommodations that may be required.
• Functional Abilities Forms (FAF): These forms help identify what tasks the employee can and cannot perform.
• Transitional Work Plans: Temporary modified duties or hours can ease the employee back into regular work.
• Ongoing Monitoring: Regular check-ins may be necessary to assess how the return-to-work plan is progressing.

The Duty to Participate

Both employers and employees have a legal duty to cooperate in the return-to-work process, especially when the leave involves a disability or workplace injury. This duty is reinforced by:

• Occupational Health and Safety regulations and legislation
• Human Rights Codes
• Workers’ Compensation laws
• Collective agreements

Employee Responsibilities

• Communicate regularly with the employer and provide updates on their condition.
• Participate in return-to-work planning meetings.
• Provide necessary medical documentation, when requested and appropriate.
• Cooperate in exploring accommodation options or modified duties.
• Follow the agreed-upon plan and notify the employer of any challenges that are present or as they arise.

Employer Responsibilities

• Maintain contact during the leave in a respectful and non-invasive manner.
• Request only relevant medical documentation to facilitate a safe return.
• Explore all reasonable accommodations to support a safe and productive reintegration.
• Engage in a fair and open dialogue with the union and the employee.
• Respect privacy and confidentiality throughout the process.

When Things Break Down

If either party fails to meet their obligations, it can create conflict or delay. For example:

• An employee who refuses to cooperate or provide necessary documentation in a timely manner, may be seen as abandoning the process. If the employee is seen to have abandoned the process they may be terminated.
• An employer who fails to offer reasonable accommodation may be in violation of the collective agreement and/or human rights legislation.

In such cases, unions play a vital role in advocating for fair treatment and ensuring the rights of the employee are upheld.

Conclusion

A successful return to work depends on open communication, mutual respect, and a shared commitment to the process. The duty to participate isn’t just a formality—it’s a legal and practical necessity that benefits everyone. With cooperation and planning, employees can return to their roles with confidence, and employers can retain valuable talent while supporting wellness in the workplace.

No matter the cause for a leave of absence, your union staff representative is a good resource to help with the return-to-work process.