Duty to Accommodate Mental Health
The employer has a duty to accommodate members with disabilities, including invisible disabilities such as mental illness. The Human Rights Code identifies that accommodations must be provided in the least restrictive manner and in keeping with the workers dignity and confidentiality provided the worker can still perform the essential duties of their jobs. The accommodation request must be reasonable, and these requirements are placed on the employer unless the employer believes the request presents them with undue hardship.
Stigma and discrimination are two of the biggest barriers facing workers with mental health accommodation needs. Workers with a mental illness may fear being labelled or judged and often chose not to seek accommodation despite being entitled to it. The Union is here to support you through the accommodation process and are also bound by confidentiality. Please reach out to your health care provider and call us to find out how we can support you.
The Employee and Family Assistance Program (EFAP) is offered through ComPsych and provides a full range of health and wellness services and is the largest provider of EFAP services in the world. This program is available at no additional cost to you and offers free services in addition to any paramedical services available through your extended health benefits plan(s). For more information on ComPsych, please review the folder “Your Health Matters”.
Accommodation/Leave of Absence
Many workers believe they must tell their employer the specific reason that they are seeking a leave of absence or an accommodation. This is not true. Employers are entitled to the “General Nature” of the illness and any restrictions/limitations which guide your accommodation need which your treating health care practitioner provides to the employer on an Abilities Form which are submitted to Abilities staff. Though the employer knows the “general nature”, supervisors do not, and are only entitled to the restrictions/limitations to be accommodated. This same form would be needed if the required treatment prescribed is a leave of absence.
Permanent employees have short term and long term disability options available (sick days). Casual and long term casuals could consider applying for Employment Insurance Sickness Benefits. EI sickness benefits will cover up to 15 weeks if you are temporarily not able to work because of illness, including mental illness. Find out more about applying for EI Sickness Benefits.