STD Denial - Modified Hours / Duties?


#1

I hurt my back in July and was given some restrictions from my doctor based on my injury. My employer gave me time off work and I used up my remaining sick days for the year. They told me to apply for short term disability through our group benefits claim. My claim was denied due to lack of information. I submitted an appeal and sent in the required info that was missing from my initial application package. My employer will still not let me return to work, not even with modified duties as suggested by my doctor. I run an in-home exercise program for seniors and my job is very easy to modify and I would have no problem doing my job. My questions is, does an employer not have to have something to offer? I’ve seen many employees around the office who have experienced injuries and are on modified duties.


#2

I don’t know.
Has your doctor stated it will not heal?
I suspect a duty to accommodate only applies to permanent injuries but I don’t know.
Will your injury heal faster if you’re off work compared to working with modified duties, maybe your employer is thinking that.
Did your injury happen at work?
Maybe workplace safety insurance should be involved, maybe your employer is worried about liability.

This might be good reading:
https://www.canada.ca/en/treasury-board-secretariat/services/values-ethics/diversity-equity/duty-accommodate-general-process-managers.html


#3

Im pretty sure yoyr employer is bound by the “duty to accomodate” rule or law. If your doctor is ok with it they should have no reason to deny you.