Ontario Municipal Human Resources Association

The increased awareness and open conversation surrounding mental health, including mental health in the workplace, has contributed to an increasing number of employees requesting workplace accommodations for mental health disabilities. While this increased awareness is positive, it presents a complex challenge for municipalities when determining how to support their employees while also maintaining operational efficiency and ensuring legal compliance, particularly with human rights legislation.

Understanding “Reasonable” Accommodation

Under the Ontario Human Rights Code (the “Code”), employers are required to accommodate employees with mental health disabilities to the point of undue hardship. However, this does not mean accommodation must be perfect— it just needs to be reasonable. A reasonable accommodation is one that addresses the employee’s needs in relation to their disability without significant interference or hardship to the employer’s operations or business. Undue hardship varies on a case-by-case basis, but it often arises due to excessive costs or health and safety risks.

Medical documentation plays a key role in shaping accommodations. For example, if an employee requests to work remotely five days a week, but the documentation does not necessarily justify that request and the role requires in-office presence, the employer can propose an alternative accommodation that still meets the documented need and aligns with operational requirements.

Municipalities should ensure that accommodation processes, including any requests for medical information, follow workplace policies, the collective agreement where applicable, and legislative requirements.

Supporting Mental Health: Practical Accommodation Strategies

A proactive and structured approach is key to accommodating mental health disabilities. Municipalities should regularly update their accommodation policy, ensuring that the policy clarifies eligibility, outlines the process for requesting accommodation, and sets out responsibilities for both the employer and employee, including any required supporting documentation. An accommodation policy must leave room for the necessary flexibility to accommodate depending on the specific context, and should be carefully drafted to ensure compliance with the Code and the collective agreement where applicable.

Municipalities should also maintain thorough documentation throughout the accommodation process. For example, municipalities may wish to draft an individualized accommodation plan and require the employee to sign-off on the plan. Where formal accommodation plans are implemented, the plans should be revisited periodically and updated as necessary. Where required, medical documentation should be requested and notes should be taken of all discussions and decisions related to the accommodation. Documenting each step of the process is critical: without these documents, employers will not be well-positioned to defend against grievances and other legal claims alleging a failure to accommodate.

Importantly, managers and HR professionals involved in the accommodation process should avoid drawing assumptions or making stigmatizing comments, especially during conversations with employees regarding their accommodation. Managers should also be trained to identify potential accommodation needs even where the employee does not request accommodation. This allows HR to sensitively inquire into any potential accommodation needs, both to support the employee and to ensure compliance with the duty to inquire that arises where accommodation needs are evident.

Balancing Productivity and Accommodation

Municipalities can accommodate employees while supporting productivity in the workplace through practical strategies that address the unique challenges arising from mental illness. These strategies may include modified job duties, adjusted performance metrics, flexible work arrangements such as reduced hours or a hybrid work model, regular check-ins, or many others. In light of the wide-ranging limitations that mental health issues can cause, HR professionals should be creative in working with managers and employees seeking accommodation to identify appropriate accommodations that enable the employee to continue to contribute productively. Where an accommodation involves reduced work hours, the employer typically may adjust the employee’s compensation accordingly. This may allow the employer to redistribute resources elsewhere during the employee’s accommodation period to maintain broader productivity within the workplace.

Avoiding Common Pitfalls

Employers may inadvertently expose themselves to risk during the accommodation process if certain steps are not followed or are overlooked. Common pitfalls include failing to document each step of the process, disciplining employees without exploring whether their performance is affected by their mental health disability, poor communication with employees regarding their accommodation, and not obtaining updated medical documentation throughout the process to reflect the employee’s current medical status.

By implementing legally compliant, transparent processes and ensuring that there is clear communication throughout the accommodation process, municipalities can create inclusive workplaces that support both employees’ health and performance.

Written by: Joel Smith and Anjanee Naidu, Williams HR Law LLP