Ask your question and a Long-term Disability Lawyer in Canada will answer in minutes
My LTD has been extended past the two year mark for about 6 weeks. Canada Life has presented a gradual back to work plan and I have gone into work for two four hour days 1pm-5pm so far (week 1 of the plan). This was discussed with the Canada Life OT where it was assumed that the start time would be towards the end of the day (unfortunately I did not get that in writing from her). I have a letter from my psychiatrist with limitations and accommodations. I am currently seeing a sleep clinic to address sleep-wake schedule dysregulation.
In the letter under current restrictions and limitations is stated "Her current wake time is approximately 11:00 AM. She is not yet able to reliably wake by6:00 AM, which would be required for an 8:00 AM start."
In the letter under recommended accommodations for return to work is stated " Modified start time: A start time no earlier than 11:00 AM initially, with a planned gradual advancement in alignment with sleep clinic recommendations"
When I discussed this item with my psychiatrist, it was under the assumption I'd be able to work from home a couple of days a week.
Issue 1: My employer sent an email at the end of the day Friday stating they are expecting me to come into the office (no working from home during the return to work plan) for 11am (today). (job hours 8 am to 4:30 were stated in that email from work and were provided to Canada Life). I sent an email stating that "that the expectations go against my active medical limitations and thus cannot be performed safely and would not be coming in" and I would be speaking with Canada Life this afternoon.
Question: What action can I take to ensure that the restrictions and limitations are adhered to and I don't have this 'demand' from work making me look bad that I can't fulfill?
Issue 2: I have not been into work since those first couple days, as Canada Life was to address work's request to start at 11am (as you can see it was not resolved), so work has decided to not continue the gradual back to work plan weeks but to skip ahead to week 3 disregarding the gradual addition of days and hours that was approved by my providers and the plan created by Canada Life OT.
Question: What action can I take to ensure that the gradual back to work plan is continued from week 2?
I have
Typically, the gradual work plan should be done with your doctors support. If your employer or insurer are forcing you to participate against your doctors support, you may have legal options available against either or both parties.
You did the right thing by informing them that their requests went against your medical support, and if they continue try and push you, you can speak with your doctors. If they try to make changes, you can politely explain that you need to speak with your doctor prior to those changes to determine if they support it. You should have your medical team reinforce your limitations and needs, and if either the insurer or employer is still giving you a hard time, reach out and we will do our best to assist. However, this is a complicated scenario, so you're welcome to give our team a call at the number below to discuss in more detail or email our disability specialist directly at rebecca.permis@stlawyers.ca.
You did the right thing by informing them that their requests went against your medical support, and if they continue try and push you, you can speak with your doctors. If they try to make changes, you can politely explain that you need to speak with your doctor prior to those changes to determine if they support it. You should have your medical team reinforce your limitations and needs, and if either the insurer or employer is still giving you a hard time, reach out and we will do our best to assist. However, this is a complicated scenario, so you're welcome to give our team a call at the number below to discuss in more detail or email our disability specialist directly at rebecca.permis@stlawyers.ca.