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Laws and rules

Since July 2nd, new orientations regarding vocational rehabilitation and return to work are now in force. Thus, every employer must now demonstrate a real and reasonable effort to accommodate the reinstatement of the worker who suffered an employment injury.


Right of return to work


In order to promote the rehabilitation of an employee who is unable to perform the duties of his or her employment, it is desirable to temporarily assign him / her to other tasks or to his / her job with light or modified tasks, all of which following the agreement of his doctor.


When the worker is informed by his doctor that his employment injury does not entail any functional limitation, he must return to his job. The employer must also inform the Standards, Equity, Health and Safety Commission ("CNESST") without delay. If at the time of reinstatement, the job no longer exists, the employer has the obligation to reinstate the employee in an equivalent job.


In situations where the worker is unable, because of the consequences of his employment injury, to exercise his job and no rehabilitation measure is possible, the CNESST determines a suitable job for the worker with his collaboration and that of the worker. 'employer.

Criteria for a suitable job

 

  • For a job to be considered appropriate by CNESST, the employer must collaborate to:
  • offer a job that is appropriate to the worker's reality, working conditions and earning capacity;
  • use the residual capacity of the worker, which means, what he can accomplish while respecting his functional limitations;
  • recognize his / her professional qualifications for the job held at the time of the employment injury;
  • offer sustainable employment in the company and elsewhere in the labor market;
  • suggest a job that is safe for the health, safety or physical well-being of the worker because of the injury. [1]
Reasonable accommodation


The duty of reasonable accommodation means that the employer must henceforth demonstrate a real and reasonable effort, that is to say, have taken all the means at his disposal to accommodate his worker in order to reintegrate him into the organization.


To the extent that it would not be possible to reinstate the worker, the employer must demonstrate that this accommodation would impose undue hardship, a major obstacle to the implementation of accommodation.

Should you have any questions, please contact the Legal Affairs Branch at legal@federationautobus.com or 418-476-8181 ext. 214.


[1] Act respecting industrial accidents and occupational diseases, chapter A-3.001