The Employment Standards under the AODA and the Accessible Employment Standard under the Accessibility for Manitobans Act both require organizations to make employment processes and practices accessible to workers with disabilities. Moreover, both standards require many of the same processes and practices to ensure accessibility. However, there are many important differences between the standards. The third review of the AODA recommends that the Ontario government should coordinate with other provinces and the federal government to ensure that accessibility laws are consistent across Canada. Therefore, requirements in the AODA may one day change to align with mandates under the Accessibility for Manitobans Act. In this article, we will explore return to work processes in Ontario and Manitoba.
Return to Work Processes in Ontario and Manitoba
The AODA’s Employment Standards and the Accessible Employment Standard of the Accessibility for Manitobans Act (AMA) both require return to work processes. In both provinces, public-sector organizations and large private-sector organizations must create and implement processes detailing how to develop return to work plans . Employers should use these processes to accommodate any worker returning after a disability-related absence. The process should include all steps the employer will take to implement accommodations a worker needs after their absence. Moreover, employers should document their return to work processes. Finally, both provinces distinguish this process, required through provincial accessibility laws, from similar processes mandated by other laws.
Differences
Under the AODA, workers with return to work plans should also have individual accommodation plans. In other words, the process of planning accommodations is an integral part of returning to work. Conversely, Manitoba’s mandate mentions accommodations as part of the return to work process, and also requires a separate individual accommodation process. However, the individual accommodation process is not directly linked to the return to work process.
In addition, the AODA’s return to work mandate “does not replace or override any other statute”. In other words, any other law could override this process in Ontario. On the other hand, Manitoba’s mandate states that only one law, the Workers Compensation Act, overrides this process.