WFA Answers: Persons With Disabilities
Persons with Disabilities:
- What are the options for those employees who are in the midst of a DI application? If operational requirements are for F/T staffing, what choices do employees have based on health status and inability to commit to full time duties?
The employer has a duty to accommodate and cannot discriminate against you due to a disability.
- How is a return to work program affected by WFA?
This would depend on the particular facts of the situation. We recommend that you contact your component representative about your individual situation.
- My wife is on disability leave and she will be going back to work starting part time. Can she still be surplused the day she goes back to work, even though it will be part time?
If an employee is on sick leave, or other leave without pay, and their position has not been staffed indeterminately, they will be notified in writing of their affected status at the same time as other employees. However, normally a decision as to whether they would be given a Guarantee of a Reasonable Job Offer or be declared an Opting Employee will not be made until they return to work at the end of the leave. This applies whether it is to part-time or full-time employment.
During the affected period however, even if an employee is on leave, they may be invited to participate in any assessment processes for retention/layoff or staffing processes to fill new vacancies. The Public Service Commission advises managers to look at each situation on a case-by-case basis, depending on the type of leave. For example, if an employee is on long term sick leave and is unable to participate in an assessment process, or needs accommodation in order to do so, management must accommodate the employee.
We would recommend that she become familiar with her rights under the workforce adjustment appendix, and speak to her local union representative if she needs assistance.
For more information about employment equity, human rights, and workforce adjustment, visit PSAC’s Work force adjustment and employment equity page.