As we bid goodbye to the summer and school routines return, many workplaces may attempt a shift of their own. Employers often view this time of year as an opportunity for a reset, which can mean revisiting work-from-home arrangements and in-office time
As some companies restrict hybrid work or bring their employees back to the office five days per week, it’s important for employers and employees in Ontario to understand the potential implications and risks as well as their rights and obligations.
Companies offering remote work arrangements should have proper policies in place outlining the terms and conditions of such arrangements. For example, a Remote Work Policy, which an employee is required to follow while working remotely, should address the following:
- The nature of the arrangement, i.e. that it is temporary and subject to change.
- Performance Management while offsite i.e. that the employee will be expected to maintain consistent communication with coworkers and management while offsite.
- Confidentiality and Non-Disclosure, i.e. that these obligations extend to the remote work environment.
- Health & Safety when working remotel,y i.e. that the employee takes steps to ensure that their workspace is safe.
Companies that have reserved the right to recall employees back to the workplace at any time will likely have an easier time doing so. That said, businesses weigh many factors when contemplating whether to bring workers back into the workplace, including operational costs, productivity, employee morale and retention, and even the business’ ability to attract workers during the hiring process.
Employers should also turn their mind to a potential rise in accommodation requests, and how they will need to deal with these situations. Pursuant to Ontario’s Human Rights Code, employees have the right to accommodation on protected grounds, including disability and family status. Employers have a “Duty to Accommodate” employees up to the point of undue hardship. In practice, accommodation is a two-way street that requires both sides to work together to find an appropriate resolution.
Common reasons that an employee returning to the office may request accommodation include:
- Disabilities or other medical reasons, including mental health. For instance, an employee might be immunocompromised or have a mobility impairment. Mental health concerns can be particularly difficult to navigate as some employees may suffer from depression or anxiety, and claim that their symptoms are being made worse by the in-person working environment.
- Family status/caregiving obligations. For employees with young children, difficulties in finding childcare can impede their ability to return to the office full-time. Accommodations may be required while the employee secures appropriate childcare.
There is no uniform approach to accommodation as each situation must be dealt with based on its own circumstances. However, when it comes to a significant change like requiring employees to return to the office five days per week, providing employees ample notice of the change may help reduce the number of accommodation requests, and for those requests that are made, provide ample time for them to be addressed before employees are expected to be back in the office.
Employers who ignore or fail to appropriately deal with accommodation requests run the risk of being sued in civil court or having an Application filed against them with the Human Rights Tribunal of Ontario.
If you are an employer seeking to revisit your staff’s work arrangements, we encourage you to reach out to us for careful guidance from both an HR and legal perspective to mitigate risk and ensure a smooth return to the office.
If you are an employee facing a demand from your employer to return to the office or reduce your remote work time, we recommend that you reach out to us to gain a better understanding of your rights.
REL has helped many employers and employees navigate these tricky changes. We view these issues from both a management and employee perspective and understand both the HR and legal implications at play. We would be happy to help you or your organization.
If you have any questions regarding employment law or termination, please do not hesitate to reach out to Rodney Employment Law at [email protected] or complete our contact form here.