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7. Responsibilities

7.1 The Commission

7.1.1 Overall responsibility for implementing this policy and these procedures rests with the Chief Commissioner, or their designate.  The manager/supervisor and the employee share responsibility for identifying and addressing accommodation needs.

7.1.2 The Commission will support all of its employees through the following positive management and peer-to-peer practices regarding mental health:

• encouraging and engaging in daily practices that promote mental health and well-being;
• identifying workplace pressures that may cause high and lasting levels of stress that negatively affect mental health, and developing practical strategies to address them;
• being flexible, when possible, in individual working patterns to support an acceptable balance between work and home life;
• encouraging all employees to take positive steps to safeguard their own mental health;
• ensuring that employees are aware of the confidential Employee Assistance Program (EAP), available to all employees at no cost, and other mental health services, which are covered through their benefit plans;
• providing and promoting education and communications for all employees to help them recognize signs of mental illness, and to respond respectfully and responsibly;
• engaging in positive practices and behaviours that prevent discrimination and stigma; and
• ensuring a positive reintegration into the workplace if an employee has been on leave due to a mental health disability.

7.1.3 The Commission is committed to providing a workplace where all persons are treated with respect and dignity.

7.1.4 The Commission has responsibility to:

• advise employees and applicants about their right to accommodation and to respond to requests for accommodation in a comprehensive and timely manner;
• help an employee identify suitable accommodation and to ensure that an employee receives the necessary support to allow them to receive appropriate medical services;
• ensure that managers and supervisors have the tools, resources, support and advice necessary to accommodate their employees;
• ensure that managers and supervisors model positive attitudes concerning mental illness;
• ensure the confidentiality of the information provided.

7.1.5 The Commission will not tolerate any form of harassment in the workplace.

7.2 Managers/Supervisors

7.2.1 Where there is reasonable cause to believe an employee would benefit from professional mental health care, managers and supervisors have a responsibility to determine whether accommodation is necessary (see Appendix A, Frequently Asked Questions on Mental Illness in the Workplace).  It is not a manager’s or supervisor’s responsibility to diagnose a mental illness; however, in some circumstances it may be necessary for a manager/supervisor to speak with the employee privately to assess whether mental illness may be a factor in a workplace performance issue and, if so, to encourage the employee to seek help and/or initiate a request for accommodation.

7.2.2 Managers/supervisors must follow the correct procedure when an applicant or employee seeks accommodation (see section 8, Procedure), and submit a record of the request for accommodation to the Director General of Corporate Management (or their delegate) in the appropriate format (see Request for Accommodation Form).

7.3 Employees/Applicants

7.3.1 All employees have responsibility to:

• take all appropriate measures to safeguard their own mental health;
• encourage and engage in daily practices that positively promote mental health and well-being;
• identify workplace pressures that may cause high and lasting levels of stress (which negatively affect mental health), develop practicable strategies to address them, and bring them to the attention of their supervisors;
• be aware of the confidential EAP, available to all employees at no cost, and other mental health services, which are covered through their benefit plans;
• attend education programs and review communications designed to help them recognize and respond to signs of mental illness;
• respond respectfully and responsibly when observing behaviours that may indicate the presence of mental illness, and bring such behaviours to the attention of their supervisor;
• engage in positive practices and behaviours that prevent discrimination and stigma; and
• cooperate in the implementation of accommodation measures, where required.

7.3.2 An employee or applicant is responsible for requesting accommodation. This responsibility includes identifying, where possible, the types of accommodation a person considers appropriate. It is important to furnish enough information so that the employer can understand the accommodation needed. If requested, an employee or applicant should provide supporting documentation from a health care provider to help the manager/supervisor develop appropriate accommodation.

7.3.3 Once accommodation has been provided, an employee has a responsibility to meet all essential job requirements and standards of their position or their modified position, and to continue to work with their manager/supervisor to ensure that the accommodation remains effective.

7.4 Unions

Unions have responsibility, if required, to:

• model positive attitudes toward accommodations;
• actively participate in the accommodation process; and
• support accommodation requests even where they are not consistent with the collective agreement, unless it would create undue hardship.

8. Procedure
 
8.1 Applicant seeking accommodation

8.1.1 An applicant who requires accommodation in relation to a selection process should, as soon as possible, inform the manager or the human resources advisor and identify what type of accommodation is required, if possible. It is standard practice to advise all applicants for employment of their right to accommodation, and if accommodation is requested and provided, to confirm whether the accommodation is satisfactory. The Commission may require documentation from the applicant to verify the need for accommodation.  On receiving the request, the manager/supervisor or the human resources advisor will work with the applicant to develop the accommodation option that will best allow the applicant to participate in the selection process.

8.1.2 Where the request involves issues outside the Commission’s expertise, the Commission may seek specialist advice, with the applicant’s consent.  If the manager is unable to provide or approve the accommodation, a person must refer the request to the Branch Director (or Branch Director General, if applicable).  If an accommodation request requires a commitment of resources that the Branch Director General believes is beyond their budget, a request may be made to the Director General of Corporate Management.  See also the Commission’s Accommodation Policy.

8.2 Employee seeking accommodation

8.2.1 An employee may request accommodation by speaking or writing to their immediate supervisor, and identifying what type of accommodation is required, if possible.
   
8.2.2 The Commission may ask the employee for further information—such as documentation, a medical opinion or expert advice—when reasonably required to verify the need for accommodation and to develop an accommodation plan.  In requesting documentation, expert advice or a medical opinion, the manager/supervisor should:

• explain to the employee that the information is private;
• refrain from asking for information about the history of the illness or its treatment;
• request only information that is relevant to the work situation so that appropriate plans for accommodation can be made;
• emphasize that the purpose of the request is to support the employee and that lack of information could hamper the accommodation process;
• ensure the employee understands that there will be instances where accommodation requests cannot be acted upon without supporting documentation;
• if an employee is reluctant to provide the needed information, consider asking a third party—such as a member of the human resources department—to gather this information and communicate recommendations regarding accommodation needs to the supervisor;
• refer the employee to the EAP, which can provide information and referral to appropriate support services; and
• work with the employee and their representative, if requested, to identify accommodation options and an accommodation plan appropriate to that employee (when the request involves issues outside the Commission’s expertise, the Commission may seek specialist advice, with the employee’s consent).

8.2.3 If the manager/supervisor believes the Commission cannot provide or approve the accommodation, the manager/supervisor must refer the request to the Director General for review and final decision.

8.3 Denial of accommodation request and redress process

8.3.1 Accommodation is often inexpensive and relatively easy to provide. However, if an accommodation request would lead to undue hardship for the Commission and is subsequently denied, the reasons for the decision must be clearly communicated to the applicant or employee, together with information relating to a right to request redress.

8.3.2 Redress processes available to the applicant or employee include, where available:

• a request for reconsideration to be submitted to the Secretary General;
• a grievance under the collective agreement;
• a complaint to the Public Service Commission; and
• a complaint to the Canadian Human Rights Commission.

8.4 Review of accommodation offer

8.4.1 When accommodation is offered and the applicant or employee believes the offered accommodation does not meet their needs, the applicant, the employee or an employee representative may ask the Secretary General to review the offer.

8.4.2 Requests for a review of an accommodation offer may be verbal or written, and all requests must be kept strictly confidential.

8.5 Changes to the need for accommodation

Employees must notify their supervisor when services, technical aids or equipment are no longer required or need to be modified.

8.6 Records

Records of any requests for accommodation should be submitted to the Director General of Corporate Management, or their delegate, in the appropriate format. (see Request for Accommodation Form).

8.7 Best Practices

It is a best practice for managers and supervisors to share information with Human Resources about their accommodation practices, with any identifying information removed, so that others within the Commission may benefit from their knowledge and experience.

9. Communicating the Policy

The Commission will:

• provide all employees with a copy of this policy;
• ensure that all applicants receive information, in an appropriate format, about this policy and these procedures; and
• ensure that a copy of the policy and procedures are permanently posted and updated on its intranet site, and displayed in a common area within each branch.

10. Reviewing and Updating the Policy and Procedures

The Human Resources Division will regularly review this policy and the accompanying procedures and will make revisions as necessary. All employees will be invited to contribute to the review process. The Commission will accept comments on the policy and procedures at any time and, unless a comment raises an urgent concern, they will be considered during the regular review. Comments outside the review process should be directed to the Director General of the Corporate Management Branch or their delegate.

11. Reporting and Monitoring Requests

The Director General of Corporate Management, or their delegate, will monitor all requests for accommodation to ensure the policy and procedures have been correctly implemented. The Commission will keep records of all requests for accommodation and will report to the appropriate authorities, as required.

12. Interpretation

This policy is intended to supplement the Commission’s existing Accommodation Policy and Procedures, further ensuring that our workplace is conducive to mental health and that best practices are followed in developing accommodation plans for employees with mental health issues.

This policy is also intended to complement the Commission’s workplace wellness initiatives.  

The responsibility for interpretation of this policy rests with the Director General of Corporate Management, or their delegate, in consultation with the Knowledge Centre and other branches, where appropriate.

13. Privacy and Confidentiality

All requests for accommodation and documents relating to a specific request for accommodation will be kept confidential pursuant to the Privacy Act.

14. Enquiries

Enquiries about the Policy and Procedures on the Accommodation of Mental Illness should be addressed to the Director General of Corporate Management, or their delegate. They can be sent via e-mail to DUTY TO ACCOMMODATE / OBLIGATION MESURES D'ADAPTATION.

Dated: August 20, 2008

Jennifer Lynch, Q.C.
Chief Commissioner