I find myself reflecting on work and disability issues today. I’ve now officially been off work for a year now. I’ve done my part, I’ve worked tirelessly to return to work getting all the paperwork for accommodation etc into my employers hands but I’m still at a standstill just short of a year of returning back to work.
It’s often hard navigating working with a disability. Especially when you may not know your rights. I’m not sure about other countries but here in Canada we have something called “Duty to Accommodate”. I’ve found myself up until now not able to fight this return to work so I’ve gone along providing what I could making it well known that my doctor’s instructions are that I’m to be accomodated via work from home with a gradual integration back into the office environment. Yet a journey that started May 2014 has been met with resistance at every turn. First it was well we can’t do work from home because of xyz reasons. Perfectly legitimate reasons too. So I let them know i understood and I would work on what i could but I was open to transferring into a position elsewhere within my employer to a position that could accomodate my needs.
Yet still I sit here not being able to get answers to my legitimate questions. What’s the update on finding a position. I even have gotten to the place where I can do 1 half day with a good plan to get to three half days then to be reassessed. See I get that they want a concrete plan but the fact is I don’t know. All I know is i could work full time right now if i could work from home.
So where does this leave me… Over the past month I’ve been contemplating involving my union… Not an easy decision. It’s often looked down upon because there’s some implied message of “you’re doing something wrong” to your employer when you do it. Do I think my employers are doing wrong? Not neccessarily. I think they are looking out for themselves, and are uninformed about returning to work and handling employees with disabilities. I think their intent is my well being and theirs. However that said I do have the right not to be discriminated against, and there is that pesky little duty to accommodate…
There are limits… maybe you’ve heard of it… undue hardship… that’s the limit to duty to accommodate here in Canada. But let me ask you this… How is accommodating me working from home or working one half day a week with a gradual increase undue hardship? The systems are in place though not in my current position. But they do exist and there is company policies saying that working from home is reasonable accommodation… so again… where is the undue hardship?
So I made the difficult decision to speak to my union rep today. I’m not sure how this will play out but all I want is to work… I don’t really care doing what but I want to work so badly that forcing me to stay home until I meet some “minimum” is driving me nuts. I need to start small and somewhere. The other frustrating thing is that this minimum keeps changing. Last year it was you can come back when you can work 1 half day… so what happens when i got there… oh no sorry you have to be able to do three half days… So what’s to say that when I finally get there it’s not going to change? Also what’s happening with the looking for another position that can accommodate me? an answer that simply gets ignored.
I’m frustrated by my employers lack of knowledge on these issues. I don’t think I’m being unreasonable…. However I can’t help but feel like I’m being stone walled in some attempt to get my insurance to force me to find another employer… the clock seems to be ticking and I’m not sure I can afford not to fight this fight, but I also don’t know that I have the energy to fight it either… So I called… I needed someone in my corner to help me fight to get a plan to see some action on my employers part to get back to work. I do like my union rep. I’ve known him for a while now. I explained the situation and he is going to make some inquiries on my behalf and see what he can do. The other thing I trust is that he’s not going to start playing some blame game with my employers. The last thing i need is someone going and getting their backs up. I trust that he’s got the diplomacy skills neccessary to aid the process.
With that there are some resources that I really want to share with you guys. There’s a book I’ve read which I think is awesome. If you have a chronic illness it’s a must read:
Women, Work, and Autoimmune Diseases: Keep working Girlfriend!
CUPE fact sheet on Duty to Accomedate
Ontario Human Rights Commission: Duty to Accomodate