Canadian HR Strategy

29 force of law in and of itself, there is a risk it could eff ectively become part of occu- pational health and safety legislation ei- ther by direct reference (through legisla- tive amendment) or indirectly (by way of court and tribunal interpretation of the "general duty" under current legislation requiring employers to take all reason- able precautions to protect the health and safety of workers). As such, the standard could be viewed as a potential preview of the accommo- dation issues ahead for employers. •Absenteeism and discipline: With a sandwich generation employee, absences may be connected to family obligations, stress or mental health issues. As such, before taking disciplinary action against absent employees, employers should con- sider whether the absence is connected to an illness, disability, family commit- ment or some other legitimate reason for which they should be accommodated. It's o en a good idea for employers to obtain relevant medical documents, expert ad- vice and help in creating and managing an accommodation plan. However, we remind our clients that not every absence needs to be accom- modated until the employee no longer requires the accommodation or resigns. In fact, if a disability or obligation is such that the proper operation of the busi- ness is hampered excessively — or if an employee with restrictions remains un- able to work for the reasonably foresee- able future even though the employer has tried to accommodate her — the employer will have satisfi ed the test for undue hardship is no longer required to accommodate the employee. is assessment and any consequent steps be taken with caution, ideally with the assistance of legal counsel and a er well-documented accommodation steps have been attempted. Strategies to manage the sandwich generation With the myriad issues the sandwich generation can pose for employers, the following are a few managing strategies: •Consider whether accommodation is required to address caregiver needs. •Canvass accommodation options (such as modifi ed work hours and tele- work). •Implement an attendance manage- ment policy that takes into consideration legitimate absenteeism. •Ensure all managers are trained to understand the duty to accommodate and how this may present in the work- place in connection with mental health issues. •Eliminate the negative stigma sur- rounding mental health issues through awareness campaigns and training. •Request medical documentation for disability or stress-related leaves of ab- sence. •Obtain expert opinion or advice where needed. Despite the challenges, employers keen on attracting and retaining em- ployees will need to adjust strategies by understanding the various dimensions of the sandwich generation. Christine omlinson and Parisa Nikfar- jam are lawyers at Rubin omlinson in Toronto, a boutique fi rm specializing in employment law, human rights and work- place investigations. ey can be reached at cthomlinson@rubinthomlinson.com and pnikfarjam@rubinthomlinson.com, (416) 847-1814 or visit www.rubinthomlinson. com for more information. Member Benefi ts Include: ✔ Unlimited Access to CPA's #1 Service, Payroll InfoLine – This telephone and email 'hotline' answers over 32,000 inquires each year. ✔ Payroll Resources at payroll.ca and other publications ✔ Enhance your payroll knowledge through the only payroll certifi cations in Canada: O Payroll Compliance Practitioner (PCP) O Certifi ed Payroll Manager (CPM) The Canadian Payroll Association is committed to providing human resources professionals and their organizations with the payroll-related services required to keep compliant and knowledgeable! 190 Reasons Membership with the Canadian Payroll Association is essential as payroll is responsible for understanding and complying with the 190 regulatory requirements related to the $830 billion in wages and benefi ts, $260 billion in statutory remittances to the federal and provincial governments, and $90 billion in health and retirement benefi ts that Canada's 1.5 million employers annually pay. 90 of Canada's top 100 companies count on the CPA for their payroll education and knowledge payroll.ca CONTACT US: 1-800-387-4693 or 416-487-3380 Membership ext. 118 • membership@payroll.ca Untitled-1 1 13-10-15 9:52 AM

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