5 key questions about work-from-home arrangements – Canadian HR Reporter

Q: What are valid and acceptable reasons to refuse work at home requests?

A: “If the request doesn’t engage your protected ground as discrimination or there are other alternate means of accommodation that are available and oftentimes the core duties of an employee’s position can’t be performed from home. If that’s the case, an employee, even if for a disability-related reason, can’t attend at the workplace.

“Another type of request we’ve seen a fair amount of is from employers having requests or accommodations relating to general anxiety around a return to work in the current public health environment. Those feelings of worry or fear of contracting COVID-19 generally won’t be sufficient ─ employees need to establish the existence of an actual disability and provide detailed medical information about restrictions and limitations.”

Q: How might an employee prove they need to work from home?

A: “In the case of a disability, it can include medical documentation, verifying that it is unsafe for an employee to attend the workplace. Some medical notes may be general and there may be reasons for an employer to follow up and get additional information or challenge the medical information that’s provided. It would be within the rights of an employer to request updated medical information.

“An employer is entitled to medical information that’s needed to facilitate and engage the duty to accommodate and so that can include the nature of the disability, though generally not the diagnosis. It can include the restrictions or limitations of the employee the prognosis for recovery and those types of factors.

“On the family status accommodation side, the employer has a right to request information about the employee’s personal circumstances and why the accommodation is being requested. What are the circumstances with an employee’s child that requires, for example, that they stay home? Is it because of the health situation of that child? That may be a situation where you’re permitted to request medical information about the child to verify whether or not that accommodation is required.

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