Your Rights and Entitlements

Knowing your rights under the collective agreement is crucial to ensuring that you are fairly compensated by the employer. Understanding when double time is applicable helps you accurately track your pay and empowers you to make informed decisions about accepting additional shifts. Understanding the complexities of Article 14.06 guarantees that you receive the full benefits that you are entitled to as members of ONA34.

When Double Time is Paid Under Article 14.06?

Double time is paid under this article when:

1. A nurse is called back to work from standby:
   • A nurse is scheduled for standby/oncall.
   • The nurse has left the unit and is called back to work.
   • The nurse is entitled to a minimum of four (4) hours pay at the rate of double time.
   • The minimum of four (4) hours applies to every callback during a standby shift (i.e. the nurse has finished work and left the unit and then called back again).

2. A full time or regular part-time nurse is scheduled and works a partial shift:
   • A partial shift is a shift that falls outside of the normal daily shifts as defined in Articles 13.01 and 13.02.
   • Articles 13.01 and 13.02 define normal daily shifts as either 7.5 hours or 11.25 hours.
   • Any shift that is less than a regularly scheduled shift length.

3. A full time or regular part-time nurse is called back to work less than 24 hours from the end of their last shift worked:
   • A nurse has completed their shift and left the hospital.
   • The nurse is called and asked to return to work with less than 24 hours from the end of their last shift worked.
   • Agreeing to work the shift does not waive entitlement to the double time premium.
   • The key to this provision is there is a requirement for the nurse to have gone home. If the shift is booked while the nurse is still on duty, the double time payment does not apply.

When does a shift NOT attract double time?

• If a nurse is asked and agrees to come in for a 4-hour shift from 15:00-19:00 and the unit occasionally schedules shifts of that length at that time, this would not be a partial shift and would not attract double time premium.
• A full-time or regular part-time nurse is called in before the start of a 12-hour shift; although they cannot work the whole shift; they come in for the last few hours. This would not attract double time because the nurse was requested to work the full shift and chose to only work part of the shift.
• While on shift, a full-time nurse is offered an additional shift for the day. This additional shift would be paid at time-and-one-half because the nurse had not left the hospital when they were asked to work the additional shift.

Summary:

Article 14.06 is a relatively short article but contains three main scenarios when members are entitled to double time. The individual fact scenarios are very important to determining whether double time is applicable or not.

If you are unsure whether a shift attracts double time under Article 14.06, please reach out to ONA directly at local034@ona.org.

Dear ONA34 Members:

Establishing an Attendance Management Policy is a common response of employers to address the issue of excessive absenteeism. Attendance management programs fall within an employer’s inherent management right to take steps to monitor, maintain and encourage regular attendance. Regular attendance at work is a fundamental term of employment. The existence of these programs has been recognized by arbitrators as a valid exercise of management rights to monitor and improve attendance when they are properly designed and administered.

Arbitral jurisprudence has established certain absences, characterized as innocent, cannot be counted for the purpose of placement or progression through the attendance management program. The primary example is any absence due to disability.

Arbitrators have stated that absences due to a disability cannot be counted for the purpose of placement in an attendance management program or progressing through the program. Otherwise, employees with absences attributable to a disability would progress though the program at an accelerated rate and put their employment in jeopardy. Therefore, placing an employee with a disability in an attendance program for disability-related absences where the employee is subject to unrealistic expectations constitutes discrimination under the Code.

There are two types of absenteeism:

1. Culpable Absenteeism

If an employer can establish that an employee has been absent without medical or other justification, such as being absent without leave, the employer is free to treat the employee’s conduct as culpable and to impose discipline under the just cause standard.

For example, if the employee calls in sick and instead attends a concert or goes to work at another facility and the employer finds this out, the employee will be disciplined for lying and/or abusing sick pay benefits.

2. Non-Culpable or Innocent Absenteeism

In this case, the absence is due to factors beyond the employee’s control, such as:

• Illness or injury.
• Disability as defined in the Ontario Human Rights Code (“Human Rights Code” or “Code”).
• Family or personal emergencies.

The employee is not blameworthy in these cases and so disciplinary action is inappropriate. Innocent absenteeism does not include pre-approved leaves such as vacation, education leave and parental leave.

What Absences Should Not Count:

It is ONA’s position that the following days of absence are not to be counted for the purposes of being placed on, or progressing through the steps of any attendance management program:

• arising out of a medically-established chronic condition,
• an ongoing course of treatment,
• a catastrophic event,
• absence for which WSIB benefits are payable,
• surgical interventions, or
• days where the employee is asymptomatic and is under a doctor’s care from the commencement of symptoms for a confirmed communicable disease (and has provided medical substantiation of such symptoms), or
• is required to be absent under the Hospital or public health authority protocol,
• Leaves covered under the Employment Standards Act and leaves under Article 11 will not be counted for the purposes of being placed on, or progressing through, the steps of an attendance management program.

Union Representation at Each Step:

It is ONA’s position that members have representation at each step meeting. ONA should be notified of each progression through the program so we can continue to advocate for the member, including advising her to go to occupational health, if they have a disability, to provide the appropriate medical documentation. It is important that the union is present to explore all options, including the following:

• Facilitating a medical leave and application for short-term disability if the employee should not be at work.
• Requesting an accommodation that would permit the employee to be able to perform work on a sustained basis.
• Canvassing options other than termination, such as posting into another position, or job share that would be suitable based on the employee’s attendance rate.
• Advising the employee to see her physician to assess treatment options.

Members are advised to contact the Union if they are notified that their absenteeism has triggered entry into the attendance management program. ONA will represent and advocate for their rights. Here are some questions to ask if you are first placed on the Attendance Management Program, advanced in the program, or terminated:

• What is the member’s level of absenteeism?
• Has the employer included absences that should not be included?
• Has the member been accommodated?
• Does the member need to be accommodated?
• Is the accommodation appropriate or not? Is it contributing to the member’s absence from the workplace?
• Is there a pattern of harassment by the employer?

Attendance Management Policies must be applied fairly and in accordance with the collective agreement and the Ontario Human Rights Code. To ensure that you are fully informed and supported ONA34 recommends that members:

• Read the employer’s Attendance Management Policy.
• Contact the local034@ona.org immediately for guidance and support if you have been notified that your absenteeism has triggered entry into the program.
• Advise occupational health of the reasons for any absence that should not be counted, such as the existence of a disability and ensure that such absences are excluded by the employer when counting the absences.
• Seek guidance from ONA34 on how much information needs to be shared and to ensure that occupational health maintains the confidentiality of medical information.
• Where disability results in absenteeism, ensure that you are under medical care and following directed treatment.

If you have received a letter or have concerns about your attendance record, please do not hesitate to reach out to local034@ona.org. ONA34 is here to support you through this process and ensure that your rights and entitlements are protected.

In Solidarity,

Ann Scott

ONA34 Bargaining Unit President

Local034@ona.org

Dear ONA34 Members:

ONA has been made aware that some managers have been advising casual nurses that they are required to be available for a minimum of one shift per pay period. I want to be clear that this is not an accurate representation of the current requirements under the collective agreement.

ONA has escalated this concern to Human Resources. HR has confirmed that they will be following up directly with managers to correct this misinformation and ensure that expectations are communicated accurately and consistently.

As a reminder, casual members are only required to submit their availability on the 1st and 15th of each month, in accordance with the collective agreement. There is no additional requirement to guarantee a specific number of shifts per pay period beyond this.

The collective agreement states:

D.2       (b)                                    Casual Availability

On or before the 1st and 15th of every month, Casual employees will declare on a biweekly basis their availability for work and will be expected to work if required based on their availability.

Casual Part Time employees who declare themselves available for work shall notify the Hospital as soon as a change in circumstances becomes known.

If you receive communication that contradicts this, or if you are being asked to provide more availability than required, please reach out to ONA directly at local034@ona.org. We are here to support you and ensure your rights under the collective agreement are respected.

Thank you,

Ann Scott

ONA34

Bargaining Unit President

Local034@ona.org

Your collective agreement contains different processes to address different kinds of problems/complaints in the workplace. Knowing which one applies helps make sure your concern is handled properly. Below is a high-level summary of the various processes available to members.

1. GRIEVANCE PROCESS: This process is built into the collective agreement and is mainly used to address to discipline (warning, suspensions, terminations) and violations of terms of the collective agreement (scheduling violations, denying vacation requests, etc.) You can learn more about grievances here.
   • When it’s used:
     • Discipline (warnings, suspensions, termination).
     • Violations of the collective agreement (e.g., scheduling, pay, vacation, job posting rules).
   • How it works:
     • A formal complaint is filed by the union.
     • Moves through steps with management.
     • If not resolved, may go to arbitration.
   • Goal: Protect your rights under the collective agreement and ensure fairness in discipline.

2. WORKLOAD PROCESS: This process is designed to address situations where patient assignments are unsafe. The focus is on documenting the staffing and workload concerns. By filing a workload complaint, you flag that CNO standards, patient safety, or your ability to perform your job properly are being compromised.
   • When it’s used:
     • Patient/resident/client assignments are unsafe or unreasonable.
     • Staffing levels or care demands prevent you from doing your job properly.
   • How it works:
     • You complete a workload report form.
     • Reviewed by the manager, union and member(s) to address and resolve the concerns identified in the workload complaint.
     • If not resolved, complaint may be escalated.
   • Goal: Find solutions to improve staffing, safety, and workload issues.

3. HARASSMENT COMPLAINTS: This process is designed to address concerns related to bullying, harassment, or poisoned work environment.
   • When it’s used:
     • Harassment, bullying, or disrespectful workplace behaviour.
     • Poisoned or unsafe work environment.
   • How it works:
     • Complaint filed through employer’s harassment policy.
     • ONA supports you through the process.
   • Goal: Ensure a safe, respectful, and harassment-free workplace.

4. HEALTH AND SAFETY COMPLAINTS: This process is designed to address concerns related to workplace hazards and safety concerns.
   • When it’s used:
     • Workplace hazards including unsafe equipment, unsafe practices, workplace violence, risks, and lack of personal protective equipment.
     • Situations that could cause injury or illness.
   • How it works:
     • Report any hazards to your manager immediately.
     • If not resolved, escalate to the Joint Health & Safety Committee.
     • ONA supports you through the process and ensure proper follow up to the concern.
   • Goal: Identify, reduce, and eliminate hazards to keep everyone safe at work.

Summary:

• Grievance = Discipline or contract violations
• Workload = Unsafe/unreasonable assignments
• Harassment = Bullying or harassment in the work environment
• Health & Safety = Hazards, unsafe practices, or risks of injury/illness

These processes may be filed independently or in conjunction with each other. ONA34 can assist you with determining which process will best address your concerns.

Please reach out to ONA34 at local034@ona.org if you have any questions or concerns or would like to better understand any of the process outlined above.

ONA34 Rights & Entitlements: Family Responsibility Leave 

Dear ONA34 Members,

We have received an influx of questions and concerns from members regarding Family Responsibility Leave. Family Responsibility Leave is an entitlement under the Employment Standards Act (ESA) that provides eligible employees with unpaid, job-protected leave in certain circumstances relating to illness, injury, medical emergencies, or urgent matters involving specified family members.

While the hospital may request evidence that is reasonable in the circumstances to support a leave request, it cannot impose blanket documentation requirements or demand information that is unnecessary or intrusive. Evidence that is reasonable in the circumstances will be fact specific. Where the family responsibility leave was for the illness, injury or medical emergency of an eligible family member, the employer cannot require a medical certificate or note in respect of that family member.  

ONA’s position is that any request for documentation must be reasonable and assessed on a case-by-case basis. The hospital cannot create blanket rules that require the same documentation for every leave request.

ONA Members should also be aware that there are several leaves available under the ESA (Employee Standards Act – Ontario) with similar names that have different eligibility requirements, duration of leave, and documentation requirements. For example. Family Medical Leave is a separate ESA entitlement that provides a longer period of leave in circumstances where a specified family member has a serious medical condition and requires a medical certificate completed by a qualified health practitioner. Other ESA leaves also require specific documentation.

It is important that ONA members request the leave that best fits their circumstances. The type of leave requested will determine both your entitlement and the documentation that the hospital may require to support the leave. Requesting the incorrect leave may result in delays or confusion regarding eligibility and supporting documentation.

We are concerned that the increased scrutiny of Family Responsibility Leave requests appears to be connected to the hospital’s practice on some units of requiring medical notes for single-day absences that occur on weekends, holidays, or in conjunction with vacation time. ONA continues to strongly oppose these practices. They create unnecessary barriers for members who are legitimately ill or caring for family members, increase pressure on an already strained healthcare system, and place an unreasonable burden on employees seeking to access their statutory rights.

ONA has raised these concerns with the hospital and continues to advocate for the rescission of policies and practices that unfairly target members when accessing sick leave or ESA-protected leaves.

Please contact ONA immediately at local034@ona.org  if your request for Family Responsibility Leave is unreasonably denied, or you are asked to provide documentation that you believe is unreasonable or inappropriate. Where appropriate, ONA will file grievances challenging unreasonable denials of leave and improper documentation requests.

Thank you,

Ann Scott - ONA34 Bargaining Unit President

Posted: July 30, 2026

Understanding your rights and entitlements under the collective agreement is important for ensuring that you receive all of the benefits of being an ONA member. Your collective agreement contains the right for all ONA34 members to receive five consecutive days off at either Christmas or New Years.

Five Days at Christmas can look like any of the following (mandatory days in bold):

• December 22, 23, 24, 25, 26
• December 23, 24, 25, 26, 27
• December 24, 25, 26, 27, 28

Five Days at New Years can look like any of the following (mandatory days in bold):

• December 28, 29, 30, 31, January 1
• December 29, 30, 31, January 1, 2
• December 30, 31, January 1, 2, 3
• December 31, January 1, 2, 3, 4

Members have asked if they can be granted both periods off. If operationally both periods can be granted off then this should be done on the basis of seniority.

The scheduling language is included below for your ease of reference:

D.1 (h) Christmas/ New Years’ Scheduling

All employees will receive at least five (5) consecutive days off or more, at either Christmas or New Year, except in areas which normally are not scheduled to work on weekends or paid holidays.

Time off at Christmas shall include December 24, December 25 and December 26 and time off at New Year shall include December 31 and January 1 and either December 30th or January 2nd unless otherwise mutually agreed.

The Manager will post for preferences for time off at Christmas or New Year from September 15th to October 15th of each year. Regular scheduling dates may be waived between December 15 – January 15. Christmas/ New Years’ schedules shall be posted no later than November 15th for the Holiday period (December 15th to January 15th).

Conflicts related to employees requesting the same scheduling periods off shall be resolved on the basis of what the employees were scheduled for the preceding year. In the event two (2) employees were scheduled for the same holidays the preceding year, seniority will be the deciding factor. In circumstances where employees may be granted both the Christmas and New Year’s period off such approval will be given on the basis of bargaining unit seniority.

Employees who have not indicated their preference by the stated deadline will have their time off assigned at the discretion of the Manager.

The weekend scheduling regulations may be put aside during the period of December 15th to January 15th to facilitate the scheduling of days off at Christmas and New Year.

We hope that this helps to clarify.

If you require workplace accommodation due to a medical condition, disability, or other protected grounds under human rights legislation, it is important to know your rights and entitlements under your collective agreement. ONA34 is here to ensure that your employer meets their legal and contractual obligations to support you in the workplace.

Your Right to Workplace Accommodation

Under your collective agreement and the Ontario Human Rights Code, your employer has a duty to accommodate your needs to the point of undue hardship. This applies to:

• Medical conditions or disabilities (temporary or permanent).
• Pregnancy-related needs.
• Family status (e.g., caregiving responsibilities).
• Religious observances.

What Does Accommodation Look Like?

Workplace accommodations can vary depending on your specific needs and the nature of your job. Some examples include:

• Modified duties or workload adjustments.
• Flexible scheduling or reduced hours.
• Assistive devices or ergonomic supports.
• Temporary or permanent reassignment.

How to Request Accommodation:

1. Inform Your Employer
   • Notify Employee Health and Wellness (Occupational Health) as soon as possible about your need for accommodation.

2. Provide Supporting Documentation
   • Your employer may require medical documentation outlining any restrictions or limitations.
   • Your employer is entitled to the nature of illness (not diagnosis), physical limitations, and restrictions, treatment plan, whether your limitations and restrictions are expected to improve (and if so, expected timeline for improvement).

3. Contact ONA34 for Support
   • ONA34 can assist you in navigating the accommodation process and ensuring your rights are upheld.
   • Please contact ONA34 at local034@ona.org if you have any questions about accommodation or require a workplace accommodation. ONA34 is here to advocate for you and assist you through the workplace accommodation process.

Return-to-Work & Accommodation Plans

• If you are returning to work after an illness or injury, your employer must work with you, your healthcare provider, and ONA to create a return-to-work plan that supports a safe and sustainable transition back to work.
• Please ensure that ONA34 is notified of any return-to-work meetings. ONA will attend these meetings with you to advocate and support your through the return-to-work process.

What If Your Accommodation Request Is Denied?

• If your employer refuses to accommodate you or is not meeting their obligations, ONA34 can intervene on your behalf. You have the right to challenge an employer’s decision through the grievance process.
• Please contact ONA34 at local034@ona.org if your accommodation request is denied. The sooner that ONA34 is contacted the faster ONA34 can act on your behalf.

Need Assistance?

• If you require workplace accommodation or have concerns about your rights, please reach out to ONA34 at local034@ona.org for support.

Quick Tips:

• The employer is not entitled to your medical diagnosis.
• Members are entitled to ONA representation at accommodation and/or return-to-work meetings with the employer.
• The employer is obliged to accommodate you up to the point of undue hardship.
• Contact ONA34 as soon as possible if you require accommodation or modified duties or if your request for accommodation is denied.

ONA34 is committed to advocating for fair and inclusive workplaces where every member’s needs are respected.

ONA34 Rights & Entitlements: WSIB Claims

You may at some point in your career suffer from a work-related injury, illness or disease. In Ontario, workers who become injured or ill on the job can file a claim for benefits through the Workplace Safety and Insurance Board (WSIB). Often members are unsure about what to do if they suffer a work-related injury, illness or disease. While this guide is detailed, this guide is not exhaustive and is intended only to provide general guidance and information about WSIB claims. Please reach out to local034@ona.org if you have specific questions or require individual support with your WSIB claim.

Accident or Injury at Work

If you are injured at work:

• Report the injury/illness/disablement/exposure to your employer right away, no matter how minor. This may include strains or pulls after doing job-related tasks.
• Complete an incident report and provide detailed information about how you were injured (such as body positioning, the task[s] you were performing, and any awkward movements) along with any changes in your work (increased workload, staff shortage, heavier or more acute patients, etc.). Provide as many details as possible.
• If you miss time from work following your injury, tell your employer it is related to your workplace injury - do not call in “sick.”
• Seek medical attention as soon as possible. Make sure you advise the treating professional that your injury occurred at work and advise your employer that you sought medical attention.
• The sooner you report your injury to your employer and seek medical attention, the more likely the WSIB will grant initial entitlement to your claim.

You must report your work-related injury within six months of the date of injury.

If your injury is more gradual, you must report within six months of the date you became aware that it was caused by your work duties. Occupational disease claims must be filed within six months of the diagnosis.

Filing a WSIB Claim

Form 6: Worker’s Report of Injury/Disease

This form is completed by the injured worker and sent to the WSIB after a workplace injury. It is an opportunity to provide detailed information about the workplace injury to assist the WSIB in making its decision to allow initial entitlement.

It is best to complete the Form 6 as soon as possible after your injury and provide as much detail as you can concerning the injury. When you sign and submit your Form 6, you are also providing consent to your treating practitioner to provide you, your employer, and the WSIB information concerning your functional abilities. You can access the Form 6 on the WSIB’s website here: Form 6 | WSIB. If you feel pressured by your employer not to file a WSIB claim, contact local034@ona.org immediately. ONA encourages its members to file a Form 6 for all workplace accidents.

Tips for completing the Form 6:

• Make sure you identify all areas of the body that you think are injured or affected by your workplace injury, even if it seems minor.
• Be as detailed as possible:
  • What were you doing? How was your body positioned? Was there any awkward movement? When did you feel the onset of pain? Where did you feel the pain? What was the frequency and duration of the pain? Was there anything different about your duties that day? (for example, staff shortages, acuity of patients, etc.).
  • If you’re reporting a gradual onset injury like a repetitive strain injury (RSI), when did you first experience symptoms? What activities would aggravate it? How frequently did you experience symptoms?
• WSIB staff are not familiar with your working environment. Take the time to explain what your job entails.
• If you self-treated your injury or needed assistance from your coworkers, include that information. If there were witnesses, provide their contact information.
• Provide a copy of your completed Form 6 to your employer and inform ONA34 at local034@ona.org.

Form 7: Employer’s Report of Injury/Disease

An employer is required to report a work-related injury/disease to the WSIB if:

The employer becomes aware that a worker has sought medical treatment for a work-related injury or disease;

• The employer becomes aware that a worker has sought medical treatment for a work-related injury or disease
• A worker is absent from their regular work because of a workplace injury; or
• A worker is performing modified work or modified hours because of the workplace injury and is receiving less than regular pay.

An employer must file the Form 7 within three days of becoming aware of any of the above information. If your employer refuses to complete a Form 7, notify the WSIB and ensure that you complete and file a Form 6 with the WSIB.

The employer is required to give you a copy of the Form 7. Review the Form 7 that is provided to you and advise the WSIB if you notice any factual errors. Ensure that the accident date is correct and review the earnings information as well. Remember that earnings also include things like shift premiums, pay in lieu of benefits, etc.

Form 8:

This form is filled out by a treating professional when:

• You advise them that you are claiming WSIB benefits for a workplace injury; or
• Your treating professional thinks that your injury/illness is caused by your workplace.

Your treating professional will submit the Form 8 to the WSIB on your behalf. They will also provide you with a copy of the last page of the Form 8, which outlines your ability to return to work and your functional abilities. You should provide a copy of the last page of the Form 8 to your employer.

Medical Evidence:

The WSIB relies on the objective medical evidence provided by your treating professionals in order to make decisions concerning your entitlement to WSIB benefits. Lack of objective medical information is one of the most common reasons that the WSIB will deny benefits or deny a claim altogether.

The evidence provided by your treating professional(s) is necessary for the WSIB to determine:

• Whether you are entitled to loss of earnings benefits;
• The nature of your functional abilities/restrictions in order to assess your ability to return to work;
• Whether your condition or any ongoing symptoms is a result of your workplace accident; and
• If any additional health-care treatment is necessary.

When you visit your treating professional for your workplace injury/illness, remember the following:

• Explain to your treating professional how your workplace injury occurred with as much detail as possible;
• Make sure your treating professional has physically examined you and that they have documented all of your physical findings in your clinical records (such as range of motion, spasming, etc.).
• Bring any offers of modified work to your treating professional and seek their input as to whether it is suitable for you to perform. Likewise, advise your treating professional if you are experiencing any problems with returning to work and why.
• Maintain regular contact with your treating professional regarding your workplace injury.

NOTE: The WSIB views pain as subjective and often denies entitlement if the only complaint is pain. More objective information (ROM, spasms, etc.) is necessary than complaints of pain to support entitlement.

Workplace Injuries Related to Mental Health

Chronic Mental Stress:

The WSIB will provide entitlement to benefits for chronic mental stress if the evidence supports that:

• You are diagnosed with an appropriate mental stress injury (Diagnostic and Statistical Manual of Mental Disorders (DSM) diagnosis).
• The mental stress injury was caused by a substantial work-related stressor that arose out of and in the course of your employment.
  • The WSIB must be able to identify the substantial work-related stressors through information provided by other coworkers, supervisors etc. Work-related stressors are considered substantial if it is excessive in intensity and/or duration in comparison to the normal pressures and tensions experienced by workers in similar circumstances. It must be the primary, or main cause, of your mental stress injury.

The WSIB does not allow entitlement for chronic mental stress injuries caused by decisions or actions made by your employer concerning your employment such as changes to your schedule, the nature of the work performed, discipline and terminations.

Return to Work:

The WSIB’s mandate is to return injured workers back to work (ideally in their pre-injury job), with the same employer. The WSIB takes the position that injured workers are better off at work unless they are totally disabled and incapable of returning to any kind of work (including modified).

When you are injured at work, your employer is required to provide you with an offer of modified work as soon as possible that is safe, productive, and within your functional abilities. It is very common for employers to offer you modified work as soon as you report a workplace injury. These offers are often based on “standard restrictions” for the type of injury you have sustained and not your actual functional abilities. Bring any offers of modified work to your treating professional and seek their input as to whether it is suitable for you to perform.

Injured workers are expected to cooperate and return to work that is within their functional limitations. Remember that pain alone is not considered to be a reason that would totally prevent an injured worker from returning to modified work.

Responsibilities in the WSIB Return to Work (RTW) Process:

As a worker, you are expected to:

• Maintain communication with your employer. Regularly contact your employer to update them on your recovery and progress.
• Work with your employer to identify modified work that is safe, productive and within your functional abilities.
• Provide updated medical information with respect to functional abilities and restrictions to the WSIB and your employer.
• Advise the WSIB if you experience any changes in your medical condition or income. Employers are expected to:
• Contact you as soon as possible after they become aware of your injury.
• Stay in contact with you regarding your recovery and progress.
• Provide you with modified work that is safe, productive and within your functional abilities, and keep the WSIB informed about any offers of modified work.
• Advise the WSIB if there are any issues with your return to work.

Offers of modified work:

When your employer presents you with an offer of modified work:

• Advise your employer that you are happy to cooperate and participate in early and safe return to work, but you first need to see your treating professional (family doctor, physiotherapist, chiropractor) in order to properly determine your functional abilities.
• Request a copy of the offer of modified work and a Functional Abilities Form (FAF) from your employer and provide these documents to your treating professional.
• Your treating professional should complete the FAF with details about your abilities and restrictions and provide it to the WSIB. You should provide a copy to your employer.
• If your treating professional is of the opinion that the modified work is not within your functional abilities or you are unable to do any work during the acute phase of your injury, then they should provide written reasons on the FAF supported by objective clinical findings to support their rationale.

You must see your treating professional as soon as possible. If there is any delay in getting an appointment, you should go to a walk-in clinic or an emergency department to have the offer of modified work reviewed and the FAF completed. Otherwise, WSIB may not pay LOE benefits for the period of the delay.

Return to Work (RTW) Meetings:

The WSIB provides assistance with return to work with your employer. This usually happens if the injured worker and the employer are having difficulty identifying suitable modified work during the recovery period. If this kind of assistance is required, you will be contacted by a Return-to-Work Specialist (RTWS) who will help to develop a plan. A RTWS is an employee of the WSIB who provides support and intervention in returning an injured worker to their pre-injury job.

The RTWS will set up a meeting that will include you, your employer, and the RTWS. You have the right to representation in these meetings, and we strongly encourage you to include ONA34 in these meetings. It’s better to involve the local union earlier rather than later in the proceedings. Please contact ONA34 at local034@ona.org if you are asked to attend a return-to-work meeting.

At these meetings, a RTW plan will be created that generally increases the duties and hours that you are performing with the ultimate goal of resuming your pre-injury job. It is always a good idea to provide updated functional abilities information from your treating professional prior to this meeting.

A RTWS will determine if the modified work offered by your employer is suitable and within your functional abilities/restrictions. If a RTWS determines that the offered work is suitable, but you decline to perform the modified work, you will not receive any LOE benefits for any lost time.

Note: if you require accommodations for reasons unrelated to your workplace injury, (which may include other/different physical and mental health restrictions), you must also identify the nature of the accommodations (not diagnoses) to the WSIB. You may be required to provide medical to the WSIB to support these accommodations. Both the WSIB and your employer are required to take into consideration any other accommodations under the Ontario Human Rights Code along with any restrictions from your workplace injury when creating a return-to-work or work transition plan. However, the WSIB is only required to provide benefits that are related to your workplace injury.

ONA is here to help!

If you receive an adverse decision from the WSIB and you wish to appeal this decision, ONA will file an ITO on your behalf. Contact ONA’s WSIB Intake immediately:

• Email: WSIBintake@ona.org or
• Phone: 1-800-387-5580 press “0” and ask to speak to WSIB intake or extension 7721.
• Email local034@ona.org

Remember, if you are injured or become ill as a result of your work, don’t hesitate to seek help. Report your workplace injury or illness promptly, ensure the necessary WSIB forms and documentation are completed, and keep copies of everything that you submit. If you are unsure whether your situation should be reported to WSIB, reach out to ONA34. We are here to help you understand the process, support you through your claim, and ensure your rights are protected. You don’t have to navigate the WSIB process alone, ONA34 is here to stand with you every step of the way.

In Solidarity,

Ann Scott

ONA34 Bargaining Unit President

Local034@ona.org