Policy

1. The College will:
   1. Ensure compliance with all applicable legislation and College policies
   2. Ensure that the Return to Work process is readily available and communicated to all employees in a variety of formats.
   3. Protect the confidentiality of personal and medical information provided by employees.
   4. Provide an efficient and timely Return to Work process for all employees who have been absent from work due to illness, injury, or disability, including those who have been injured while on the job at the College.
   5. Work with the returning employee and other stakeholders on a case-by-case basis to determine and implement appropriate return to work and accommodation measures for ensuring a successful reintegration of the employee into the workplace following a leave due to illness, injury or disability.
   6. Require employees to provide medical documentation from a regulated health professional for developing and implementing the Return to Work plan.
   7. The Director, Human Resources and Life Safety, or designate, is responsible for the administration and communication of this policy.
2. The final determination of the conditions of an employee's return to work lies with the College.
3. Falling in line with AODA legislation, the College wil review the Return to Work Program on an annual basis. The review will take into consideration feedback provided by employees and supervisors who participated in the process. The return to work representatives as well as the unions will be consulted.

Short-Term Disability (STD) Claims – Third-Party Adjudication

Effective October 1, 2025, all STD claims will be adjudicated by a designated third-party provider. To ensure alignment with Long-Term Disability (LTD) provisions and reduce the risk of claim denial, the following standards apply:

Definition of Total Disability

During and after the Qualifying Period, the employee is considered to be totally disabled while they are continuously unable due to an illness or injury to perform the essential duties of their own occupation, in any workplace, including in a different department or location with the current employer or with another employer. The availability of work with any employer does not affect the determination of total disability.

STD Period

• The STD period will end following the completion of 130 working days of uninterrupted total disability (including statutory and college holidays) in a 12-month period (i.e. the LTD elimination period.
• Payment of benefits during this period is determined by applicable collective agreements and benefits booklets

Eligibility

New employees are eligible for paid STD benefits under the Plan from their first day of service with the College. The College will be responsible for confirming eligibility for STD coverage.

Entitlement to the STD benefit is subject to adjudication and approval by the Third Party Provider. Entitlement is based on the following criteria:

• The employee is confirmed by the College to be eligible for STD coverage;
• The employee has submitted medical evidence supporting they are totally disabled from performing the essential duties of the occupation they were participating in before the total disability began; and
• The employee is under the active and ongoing care of a Physician or Nurse Practitioner and following the Appropriate Treatment plan for the disabling condition.

Exclusions and Limitations

Limitations

STD benefits may be denied, suspended, or terminated for any period the employee:

• Does not comply with this policy or is not participating in the disability management process
• Is not receiving Appropriate Treatment
• Fails to supply medical information to support their disability claim
• Is serving a prison term or is confined in a Similar Institution
• Is not participating in an approved rehabilitation program, if required by the Third Party Provider
• Is working for wage or profit, that started after the disability, except as approved by the Third Party Provider
• Is receiving maternity, parental, compassionate care or family caregiver benefits under the Employment Insurance Act
• Is absent from Canada longer than 4 weeks unless previously approved by the Third Party Provider; or in accordance with the Employment Insurance Act
• Is not actively employed by reason of a leave of absence, strike or lay-off during which the employee becomes totally disabled, unless the College has expressly continued STD coverage during period of inactive employment, in which case the benefit period begins as of the date of disability. Payment of the STD benefit will only begin if the employee continues to be totally disabled as of the recall date

Exclusions (Disabilities not covered)

• STD benefits may not be covered for disabilities due to:
• Injuries sustained while committing or attempting to commit an illegal act or a criminal offence
• Plastic surgery solely for cosmetic purposes, except where attributed to illness or injury
• Using sick days for medical appointments, unless related to a treatment plan

Submission Deadline

All required documentation—including medical forms and claim applications—must be submitted within 14 calendar days from the onset of disability. Late submissions may result in denial of benefits unless exceptional circumstances are demonstrated.

Appeal Process

Employees may appeal a denied STD claim within 30 calendar days of receiving the decision. Appeals must include any new or clarifying medical documentation and will be reviewed by the third-party adjudicator.

Recurrence Period

If an employee recovers from a disability for which STD benefits were approved, resuming their pre-disability occupation, and subsequently becomes disabled again from the same or related causes, it will be treated as one period of disability, so long as the following conditions are met:

1. The initial period of disability lasts for at least 30 calendar days without interruption.
2. Afterwards, there is no interruption of more than 30 calendar days.

Roles and Responsibilities

1. The employee shall:
   1. Directly notify their supervisor and Health & Safety of a leave due to illness, injury, or disability on the first day of absence and indicate their estimated duration of leave, if known.
   2. Obtain and comply with the appropriate medical treatment, and where possible, schedule appointments outside working hours or at the beginning or end of day.
   3. Record and keep current their attendance and personal contact information in the HRIS.
   4. Provide appropriate medical documentation from their regulated health professional (physician, nurse practitioner, psychiatrist) within 24 hours of their work-related injury or illness and any subsequent information necessary for return to work planning. Medical documentation must note the employee’s general nature of illness, injury, or disability without diagnosis, capacity to work, and any functional limitations or restrictions, if required, and date of return or reassessment.
   5. If an absence is due to a non-occupational injury or illness, appropriate medical documentation is required from a regulated health professional (physician, nurse practitioner, psychiatrist) on the 5th consecutive working day of absence, and any subsequent information necessary for return to work planning. Medical documentation must note the employee’s general nature of illness, injury, or disability without diagnosis, capacity to work, and any functional limitations or restrictions, if required, and date of return or reassessment.
   6. Maintain communication with their supervisor and Health & Safety, throughout the absence, and meet with them to review and discuss their progress of the return to work plan, as needed.
   7. Make initial payment for medical documentation.
   8. Participate in identifying return to work options, return to work meetings, and return to work planning.
   9. Include a union or association representative in all return to work discussions, planning, etc., at their discretion.
   10. Provide Health & Safety with feedback on the return to work program for consideration.
2. The supervisor shall:
   1. Report all occupational illnesses or injuries to Health & Safety immediately;
   2. Encourage communication with the employee throughout their absence, as appropriate;
   3. Receive updates from Health & Safety throughout the return to work process;
   4. Engage co-workers, as necessary, in the Return to Work Plan;
   5. Provide Health & Safety with any information necessary for return to work planning
   6. Participate in identifying return to work options, return to work committee meetings, and return to work planning;
   7. Implement the approved return to work plan;
   8. Monitor the employee's performance throughout the duration of the Return to Work Plan and provide Health & Safefty with updates.
3. Health & Safety shall:
   1. Oversee the Return to Work process including early and safe return to work and Return to Work plan development for non-occupational injury or illness from onset of injury/illness to full return of pre-injury duties;
   2. Provide the employee with a copy of the Return to Work policy, the applicable Third Party Provider claim forms, and/or WSIB Functional Abilities Form, for completion by their regulated health professional which outlines the employee’s capacity to work, including any associated functional restrictions and limitations;
   3. Upon receipt of medically supported abilities and limitations, identify possible return to work strategies, requesting further information or clarification for the Return to Work plan as required; if this is related to the WSIB Functional Abilities Form your physician will complete and send to Health and safety for follow up;
   4. Consult with the employee and supervisor and, where required or appropriate, the Human Resources Department, union or association representative or other stakeholders, concerning the employee’s functional abilities, job demands, physical demands analysis and timing of return to work, when developing and modifying the Return to Work plan;
   5. Strike a Return to Work meeting, when necessary;
   6. Arrange for supporting assessments after consult with College (e.g. third-party assessments, Independent Medical Exams), when required with Third Party Provider;
   7. Develop the Return to Work plan, based on the employee’s functional abilities assessment, and other relevant considerations including the capacity of the College to accommodate;
   8. Ensure all relevant parties receive the most current Return to Work plan;
   9. Monitor the implementation and effectiveness of the plan;
   10. Implement, when necessary, a dispute resolution process using representatives from Human Resources and the Union if applicable , and provide all relevant information.
   11. Provide return to work information to employees during orientation.
   12. Consider feedback from the employee, supervisor, and other relevant parties on the Return to Work program and review with Human Resources
4. The health care practitioner shall:
   1. Provide an assessment of the functional abilities, restrictions and limitations of the employee;
   2. Provide appropriate and effective treatment to the employee;
   3. Support the employee in their return to work efforts;
   4. Review and provide feedback on the Return to Work plan, as needed.
5. The union or association representative shall:
   1. Assist the employee in understanding their responsibilities and the return to work procedures;
   2. Assist and/or accompany the employee, at the employee’s request, in return to work meetings and discussions;
   3. Provide feedback to the Health & Safety on Return to Work program for consideration
6. When engaged by the College, the Third Party Provider shall:
   1. Collect relevant medical information, as governed by the employee’s consent, from the College, employee, and relevant healthcare providers
   2. Determine if the injury/illness or accommodation is medically supported
   3. Advise the employee and the College on status of the support or non-support decision
   4. For supported claims, make recommendations to the College regarding anticipated duration of the absence or medical accommodations, and the next steps
   5. Ensure the employee’s privacy is maintained and will not disclose the employee’s medical information to the College, except for functional and/or cognitive limitations pertaining to return-to-work planning or accommodation needs
   While the Third Pary Provider may provide recommendations for support or non-support of the illness/injury or medical accommodation, the ultimate decision and return to work or accommodation plan is at the discretion of the College.
7. The Return to Work committee shall:
   1. Consist of the employee, the employee’s supervisor, Health & Safety, the employee’s union or association representative, if requested by the employee, and, if applicable, a Human Resources management representative;
   2. Assist Health & Safety with the development, implementation and, where necessary, modification of the employee’s Return to Work Program.
8. The Return to Work mediator shall:
   1. Be selected by the Return to Work Committee. (May include individuals with experience in resolving disability-related disputes, the third party administrator, the College EFAP provider or, in the case of WSIB claims in dispute, a return to work Specialist provided by the WSIB);
   2. Facilitate Return to Work Committee meetings and discussions to achieve a resolution.
   3. Provide Health & Safety with feedback on Return to Work program for consideration