Workplace Duty to Accommodate: Changes in the Delegation Approval Level
Monday, September 25, 2023
The Department of Justice management has informed the AJC that they have amended the Delegation Approval Level from Level 2 down to Level 3 for requests for Prescribed Presence in the Workplace?and the Directive on Telework in relation to requests for workplace accommodation (i.e., the Directive on Duty to Accommodate). This means that ADM approval is no longer required in most cases.
As of August 16th, 2023, exceptions for telework arrangements of more than 3 days, associated with the duty to accommodate will be approved by a level 3 Director General. Director Generals are responsible for having accommodation requests related to illness, injury or disability reviewed, and recommendations provided, from the Centre for Workplace Access-Ability, Health and Wellness (‘the Centre’). Labour Relations is responsible for reviewing and providing advice to Director Generals on other accommodation requests such as family status.
In cases under the authority of the Centre, a Case Manager will assist both the manager and the employee with the accommodation request and make recommendations. The recommendations provided by the Centre should accompany the request for an exception to the Prescribed Presence in the Workplace.
Once a decision is rendered by the Director General, the Centre should be notified, and they will update the employee’s accommodation file.
If the exception request is denied, the employee must be advised in writing from their Director General, including the reasons for denial.
Please note that requests for exceptions to the Prescribed Presence in the Workplace related to any other reason still require a Level 2 approval, as per the HR delegation instrument.
Should you require assistance with making an accommodation request, or have had your accommodation request refused, please reach out to a Governing Council member for assistance.
Level 2 – Assistant Deputy Minister (EX-04/EX-05 and LC-04) / Assistant Deputy Attorney General (LC-04)
Level 3 – Director General (EX-02/EX-03 and LC-03)
See also: The HR and finance delegation instruments that are available on departmental intranet JUSnet