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I need to know if I am eligible for a change in work location as part of a return to work plan. I have been on ltd for almost 2 years, and I am scared that my mental health disabilities will return without a change in work location. My current position requires me to work over two hours away from my home and network of supports. This distance requires a second place to leave. Part of the cause of my mental health decline was living by myself in a crappy rental during the week without social and medical supports. My employer has many positions closer to my home, and I have followed our contract’s procedures in asking to be transferred, but I am always denied. I apply for jobs closer to home when they are posted and I am overlooked. Others have received transfers akin to what I am asking. I was told at one time that I was denied a transfer because I have French qualifications, and they need more French teachers where I had been working. Since I cannot dictate return to work conditions, I wonder what can help me justify a location change in a return to work agreement? I have a note from my doctor saying working closer to home is essential to preventing a relapse. Thank you

While I understand that you are currently on LTD benefits, matters relating to return to work would be better answered by our employment-law branch (rather than the LTD-law branch). You can contact them at www.terminationquestions.com. They'll be better positioned to advise you about your employer's "duty to accommodate", and if that duty extends to this situation.

That said, if you instead attempt to stay on LTD, and if you're eventually cut-off benefits, please let us know, as we may be able to assist with that claim.
The Disability Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-888-990-9646     Email: help@disabilityrights.ca     Web: www.stlawyers.ca
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