Accommodation Program

Purpose

The Saskatchewan Health Authority (SHA) Accommodation Program provides a formalized process to support SHA ill or injured employees who are temporarily or permanently unable to perform their full regular duties. The Accommodation Program is guided by legislative requirements and protected grounds identified in the Saskatchewan Human Rights Act.

The SHA recognizes that the interests of both the employer and the employees are best served when employees can engage in purposeful work. The accommodation process is a collaborative process where the parties involved explore suitable options to enable employees to perform purposeful work to the full extent of their abilities.

The duty to accommodate process involves the SHA, the employee, and where applicable, the union or other designated representative.

Each situation is assessed on a case-by-case basis. When an accommodation is requested and a duty to accommodate is established, the SHA will make all reasonable efforts to accommodate the employee to the point of undue hardship.

Definitions

Accommodation: Making changes to certain rules, standards, policies and physical environments when they have a negative effect on a person because of the person’s mental or physical disability, religion, gender, family status or any other protected ground under the Saskatchewan Human Rights Commission (SHRC).

Duty to Accommodate: The legal duty of the employer to remove barriers related to the protected grounds up to the point of undue hardship.

Protected Grounds: The grounds of discrimination which are covered under the Saskatchewan Human Rights Act.

Undue Hardship: An occurrence in which SHA unable to accommodate as it would create onerous conditions for SHA as an organization. Undue hardship is determined by reviewing health and safety concerns, substantial interference with the rights of other individuals or groups, disruption in operations, interchangeability of the workforce and facilities, size and resources of the SHA, and financial costs.

Statement of Responsibility

Employer:

The Employer is responsible to:

  • Provide opportunities for employees to be accommodated where reasonably practicable; and
  • Collaborate with the union to find suitable job accommodations when needed.

Manager/Supervisor:

Managers/Supervisors are responsible to:

  • Expend substantial and serious efforts to arrange suitable accommodation options for those employees requiring an accommodation;
  • Create and maintain an effective/positive relational climate in the workplace that contributes to the success of individual accommodations;
  • Maintain and support communication with (but not limited to) employees, Attendance and Accommodations Management (AAM) Human Resources (HR) representatives, scheduling, payroll and union, when applicable; and
  • Participate in meetings, documentation and follow up, when required.

Employee:

Employees are responsible to:

  • Identify the need for an accommodation based on SHRC protected grounds;
  • Provide the employer appropriate and detailed documentation with objective information to support the need of accommodation; and
  • Actively participate fully in the accommodation process and cooperate in any reasonable accommodation opportunity other requirement during the accommodation process.

Union (when applicable):

Unions, when applicable, are responsible to support the accommodation tri-party process by ensuring their members are:

  • Provided with the needed support when accessing the accommodation process; and
  • Aware of their rights and responsibilities when participating in the accommodation process as outlined in their Collective Bargaining Agreements (CBAs).

AAM/HR Representative:

AAM/HR Representatives are responsible to facilitate and lead the case management process by:

  • Gathering and maintaining all required objective documentation to support the accommodation needs of the employee;
  • Maintaining all documentation of accommodation in a confidential manner;
  • Working with all partners to support and guide the accommodation process up to undue hardship;
  • Ensuring appropriate communication is maintained with all parties; and
  • Maintaining file documentation in a timely manner by charting file progression (e.g., when information is received, discussions held, meeting notes and outcomes up to and including file closure).

Co-workers:

Co-workers are responsible to understand and support:

  • The accommodation process; and
  • Those needing an accommodation in their workplace.

References

The Saskatchewan Human Rights Code, 2018

Collective Bargaining Agreements

The Saskatchewan Employment Act

MyConnection for Accommodations & Attendance Management Inquiry/Request