Adapt-ABILITY

Accommodation Solution

What Are Some of the Main Challenges?

Under either federal or provincial Human Rights Codes, all employers in Canada have statutory obligations. When employees request accommodations, employers have the Duty-to-Accommodate to the threshold of undue hardship, which is a vigorous test requiring due diligence.

All employees who participate in an accommodation program have the Duty-to-Cooperate in the accommodation process. The employee is expected to participate when a reasonable plan is furnished. Employees can request an accommodation based on several protected grounds, including: family status, religion, gender, religious beliefs, medical, etc. These requests are often conflated making it difficult to dissect. For example, medical accommodation is conflated (or combined) with family status accommodation. Furthermore, determining what constitutes undue hardship can be difficult; determining when to apply bona-fide occupational requirement principles can be equally difficult. Likewise, deciding upon and recommending modes-of-accommodation (and for how long) can be an arduous task. Ensuring that the accommodation process is not only substantive and procedural, but also individualized, can be a grueling undertaking.

With these principles and mandates in mind, we can provide arms-length, jurisprent reviews and efficacious recommendations for your organization.

When is Our Solution Needed?

ViAbility offers a solution for the whole work-life span. This solution can be applied in the following scenarios:

  • To facilitate a stay-at-work scenario (preventing presenteeism and mitigating potential risks).
  • To reduce intermittent “sick leave” incidences and days.
  • To accommodate employees who are transitioning to work after a lengthy absence (after a Long-Term Disability [LTD] period; before, at, or after the LTD-change-of-definition [COD] period, etc).
  • The duration of an accommodation may be temporary for an extended period, which requires follow-up. An accommodation may also be permanent. Regardless, we can provide further guidance on how to achieve this within your organization.
  • Note: An accommodation case-type does not apply to a typical return-to-work (RTW) plan that may be implemented when an employee is returning from a medical leave (e.g., short-term disability). We can provide and apply an accommodation solution if RTW plans continue on-and-on with no end in sight.

What We Do!

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Why Choose Us?

Because of our total absence management value propositions:

chart describing the different phases of services offered by Viability, with Adapt-ABILITY highlighted

Explore More Absence Management Solutions

We know that occupational health and absence management programs are complex and full of challenges, issues, risks, and legalities. ViAbility can help your organization to harmonize your leave-of-absence-programs allowing for consistent management and reporting.

  • Present-ABILITY

    Our Attendance Management Solution helps manage frequent, intermittent sick-absences by providing supportive programming and occupational health interventions. The goal is to improve workforce attendance.

    See Present-ABILITY
  • Renew-ABILITY

    Our Disability Management Solution handles short-term disabilities and medical leave-of-absences by applying case management, medical coordination, clinical and functional rehabilitation, and return-to-work.

    See Renew-ABILITY
  • Occ-ABILITY

    Our Occupational Disability Management Solution provides root-cause analysis, incident reporting, administrative support, disability management, rehabilitation, return-to-work, and appeals solutions.

    See Occ-ABILITY