A – Here is a list of federally regulated industries, followed by a list of provincially regulated industries. If your company is not in the list of federally regulated industries, then it is provincially regulated.

• Federally regulated industries
• Provincial and Territorial Ministries of Labour

A – If you feel that your employment standards have been violated without your consent, contact the employment standards agency in your province or territory. Workershelp.ca has a listing of provincial/territorial employment standards and links to the corresponding agencies.

A – If you feel that you have been treated differently as a result of disclosing to one person or because someone has shared information about your illness, there are several options:

• Ask yourself: am I being discriminated against based on one of the protected grounds of discrimination (i.e., disability, race etc.)?
• Speak with the discriminator, request a meeting with someone higher up in your organization, or write a letter of complaint
• Write down all of the events, conversations or situations that make you think you have been, or are being, discriminated against. Make sure you include who was involved, what happened, and when each event happened (date and time). Gather anything that will support your story– documents, memos, names of people who witnessed events, performance reviews, e-mail print outs etc.
• If you have questions, talk to somebody. If you have a Union Representative, contact them and ask for information and support.
• Find out if there is a complaints process at your workplace or through your union. Check your employee handbook, collective agreement, or talk to someone in the human resources department to find out what the complaints process is. If there is no process, or if you are unable to find out what that process is, you can write a letter of complaint to whoever you think is the best person to talk to. Make sure you do everything in writing and ask that they reply in writing within a certain timeframe. Make sure you keep a copy of the letter for your files and that you put a date on everything that you send.
• If writing letters or filing a complaint with your employer is unsuccessful, there are other options. You can file a human rights complaint with your provincial/territorial Human Rights Commission, or you can launch a civil lawsuit.
• You may also want to seek additional support from your local disability organization.

For additional information read the HIV Legal Network’s booklet, Know Your Rights 2 –Accommodation in the Workplace (written in the context of HIV, but useful to others living with episodic disability).

A – There are several ways to learn about the culture before you accept a position with an organization. Below are several options:

• Check the company website, what values they discuss, what is their mission statement, what issues/causes they support.
• Speak with staff who work there and ask their opinion on working in the organization.
• Arrange for an information interview with a representative of the organization. Information interviews are a way to ask questions of an organization before applying for a job. To arrange an information interview, call the company and ask for a human resources representative. Ask the representative for an opportunity for a brief information interview (usually 20-30 min). Bring a business card if you have one. These are not job interviews, and you must take care to avoid making them appear to be interviews. You should not take a resume. If asked to send one, you should do so promptly.

A – Volunteering is a great way to find out more about an organization and about you. Not only can you set your own hours, but you can also have some say in the types of job activities that you take on. Volunteering also decreases social isolation and provides structure in the life of someone who is thinking about returning to work.

Speak with a doctor and/or medical team or occupational therapist before attempting a return to work.

Where possible, look for a position that you enjoy. You are more likely to find satisfaction in a job that you enjoy.

If you are on a disability benefit and would like to volunteer, speak with an income support specialist to find out what impacts volunteering may have on your income support benefit.

A – Sometimes an employee requires a temporary leave of absence to accommodate a disability-related illness or family emergencies. Generally, an employer is expected to accommodate such requests and to hold the position until the employee returns.

However, there are costs to filling a position temporarily. The employer may be unable to attract or retain qualified replacements because the position is not permanent. The employee’s team may not be able to work effectively. At some point, therefore, the absence may create an undue hardship for the employer. Paying the employee’s benefits over an extended leave of absence may itself be an undue hardship.

Visit the Canadian Human Rights Commission website for additional information.

If your organization is unionized, your union representative can be a resource to you throughout this process.

A – If you feel that you have been treated differently because of your disability contact your local human rights agency to find out your rights and to discuss your options.

Important Tips:

• Document the event(s)
• Save any letters or paperwork provided to you by your organization
• Consult with an employment professional or lawyer before making any specific decisions regarding your job (for example, leaving your position)

A – Work/life balance looks different for everyone. To figure out what you need to do to stay ‘well’ at work, get to know yourself. What causes you stress? How much are you impacted by not sleeping well?

Having both physical and emotional supports in place is important in maintaining balance. Taking care of your body, mind and emotional health is like a three-legged stool. When all are in place, the stool will sit properly.

A – You can call an employment counsellor to ask questions about the type of work that they do and if there are requirements to participate. Find out:

• If they have any training specific to persons living with episodic disabilities, be sure to provide some examples. Remember, you do not have to disclose your personal health information.
• What types of services and supports they offer
• How long the services last, and
• If they can provide you with referrals from previous clients.

A – Some employment counsellors charge a fee, while others are available free of charge. For employment counsellors who work for a fee, ask if a “sliding fee schedule” is available. A “sliding fee schedule” allows you to pay a lower amount based on your income. The amounts on the “sliding fee schedule” will vary from counsellor to counsellor.

A – Many employers will allow you to send your paperwork directly to the insurer. If paperwork is being processed through your employer, you can place all documentation in a sealed envelope.

A – For most insurance plans, you will only need to disclose your episodic disability to the insurer. Insurance programs that are self-financed through an employer are an exception to this rule.

A – Many provinces/territories offer drug and health benefits coverage if you are unable to cover the cost of medications and health benefits through private insurance coverage. There may be an application process; each province/territory has its own eligibility requirements. For information on the benefits offered in your province/territory, search the web using: (the name of your province/territory), extended drug and health benefits”

The federal government website provides a useful guide to reimbursement for prescription medications in Canada. Select your province/territory for an overview of the provincial/ territorial drug benefit programs and federal programs available.

A – You are not required to disclose details about your episodic disability to colleagues. But you may still be asked about your periods of absence and illness.

One way of dealing with this situation is to redirect the focus from you to the workplace. For example, you might answer: “Yes, I was off work for a while but now I’m back. I imagine that there have been some changes around here. Can you tell me what’s new?” Or “Yes, there will be times when I will be off work and will miss not being with you. Please let me know if any big changes happen. Thank you for your concern.”

Anticipating your colleagues’ questions and thinking about how you might answer will decrease your anxiety, and the likelihood of unintentional disclosure. Choose a response that best fits you and your comfort level to help avoid disclosing if, or when, you do not want to.

A – Some companies experience changes in management frequently. If you disclose to a manager in a company with frequent changes, it is possible that the person you disclose to may move to another position in the company or may leave the company. The relationship of trust that was built with the previous manager might not be strong with the new manager. Each situation will be unique but know that if you choose to disclose, you might need to do so more than once.

A – Legally the person you disclose to does not have the right to tell anyone else.

If you feel that you have been treated differently as a result of disclosing to one person or because someone has shared information about your illness, there are several options:

• Ask yourself: am I being discriminated against based on one of the protected grounds of discrimination (i.e., disability, race etc.)?
• Speak with the discriminator, request a meeting with someone higher up in your organization, or write a letter of complaint.
• Write down all the events, conversations or situations that make you think you have been, or are being, discriminated against. Make sure you include who was involved, what happened, and when each event happened (date and time). Gather anything that will support your story– documents, memos, names of people who witnessed events, performance reviews, e-mail print outs etc.
• If you have questions, talk to somebody. If you have a Union Representative, contact them and ask for information and support. If you’re not part of a union, speak to an HR representative or reach out to an organization for legal advice.
• Find out if there is a complaints process at your workplace or through your union. Check your employee handbook, collective agreement, or talk to someone in the human resources department to find out what the complaints process is. If there is no process, or if you are unable to find out what that process is, you can write a letter of complaint to whoever you think is the best person to talk to. Make sure you do everything in writing and ask that they reply in writing within a certain time. Make sure you keep a copy of the letter for your files and that you put a date on everything that you send.
• If writing letters or filing a complaint with your employer is unsuccessful, there are other options. You can file a human rights complaint with your local Human Rights Agency, or you can launch a civil lawsuit.
• You may also want to seek additional support from your local disability organization.

A – Employers have a duty to accommodate employees with episodic disabilities in the workplace.

The process of requesting an accommodation can open up your relationship with your employer or it can reduce the quality of the relationship. Go to your employer with suggestions and ideas on which accommodations will help you do your job better and let your employer know that your job is important to you. Requesting a workplace accommodation is a process and may take time. Be willing to work with your employer to make the accommodation happen during this process. Be aware that initial workplace accommodation plans may need to change as you start back to work. Ensure there are regular meetings scheduled to assess progress and adjust plans.

Some employers require a note from a doctor to accompany a request for workplace accommodation. When you request a note from your doctor, bring a copy of your job description and ask your doctor to outline what limitations you have on your work tasks and how long these limitations are expected to last.

You may contact us at theforum@realizecanada.org

The Forum is a website by Realize which provides resources to people living with episodic disabilities related to solutions to employment challenges — income security, access to medications and extended health benefits, workplace accommodations, and stigma and discrimination, and much more.

Episodic disabilities (or illnesses) are chronic conditions characterized by periods of wellness and illness that may vary in severity, length, and predictability from one person to another. By “episodic” we refer to fluctuating, or sometimes unpredictable periods, degrees and severity of illness and function. Examples include multiple sclerosis, arthritis, diabetes, HIV, hepatitis C, chronic pain, some forms of cancer and mental illness. See our list of conditions that can lead to episodic disability.

Unlike permanent disabilities, episodic disabilities are unpredictable and often can be more difficult to manage in terms of employment. For example, a person with multiple sclerosis may not be able to work more than two days in a row, due to fatigue. A person living with HIV may have to wait for the side effects from medications to wear off before being able to work, making regular office hours challenging.