Options for Canadians as businesses advocate for a return to office spaces
In the wake of increased return-to-office (RTO) mandates across Canada, many hybrid workers are finding themselves facing more in-office days. According to Philippe de Villers, chair of Chartered Professionals in Human Resources Canada, employers have more leverage in imposing these policies. However, employees who are concerned about RTO mandates due to family status or medical needs have several potential legal options.
For employees with medical conditions that are disabilities under laws such as the Americans with Disabilities Act (ADA), they may request reasonable accommodations from their employer. This can include continuing to work remotely if on-site work poses health risks. Employers are required to engage in an interactive process to determine if accommodations are feasible without undue hardship to the business.
Similarly, employees with caregiving responsibilities may request accommodation based on these grounds. While not always explicitly protected under federal law, some state laws and employer policies may provide protections.
For unionized employees, return-to-office mandates may be subject to negotiation under collective bargaining agreements. Unions can file grievances if changes to telework policies or RTO orders are made unilaterally without bargaining.
Employees can also request management to consider telework alternatives or phased returns, particularly if the job functions permit remote work. Agencies like the Department of Labor and Office of Personnel Management provide guidance on telework compliance that employers must follow.
If an employer refuses to accommodate a disability or violates federal/state laws or collective bargaining agreements, employees may file complaints with the Equal Employment Opportunity Commission (EEOC) or relevant state agencies. They may also pursue legal action for discrimination or breach of contract.
However, if an employer has clearly communicated that remote working wouldn't last forever, it may be more difficult for an employee to launch any legal action. Employees may also need accommodations for issues that make it difficult to drive or sit for long periods, or for access to medication that isn't practical in an office setting.
As return-to-office trends continue, some employees might allege that their contract of employment has been breached and seek wrongful dismissal damages. Under certain circumstances, an employee might allege constructive dismissal if an employer changes the fundamental term of their employment without sufficient notice and without the employee's consent.
Return-to-office trends are more common with enterprise-level companies like banks and accounting firms compared to small businesses or those concerned about retaining talent. For instance, some of Canada's largest financial services firms, including several banks, are shifting to four in-office days a week starting in the fall.
Employment lawyers are reporting increased concerns from clients who don't want to lose their at-home days, but companies are taking a harder line. Employees who don't want to return to the office have the option to look for another job with more flexible arrangements.
In conclusion, employees concerned about RTO mandates due to family status or medical needs should formally request accommodations citing disability or caregiving needs, review any union protections or contracts applicable, engage in dialogue with their employer for possible telework exceptions, and seek assistance from labor agencies or legal counsel if accommodations are denied or rights violated. This approach balances legal protections with practical negotiation to address return-to-office conflicts.
Science plays a critical role in analyzing the health and wellness implications of return-to-office (RTO) mandates, particularly with regards to employees with medical conditions or caregiving responsibilities. Financial considerations and business strategies also come into play, as enterprise-level companies like banks and accounting firms, with more stringent RTO policies, often have the resources to navigate associated legal issues.
