Applying for an exemption from the requirement for on-site presence
PAFSO has recently been informed that managers now have updated guidance on how to deal with requests for exemptions from the Employer’s requirement of on-site presence. According to Treasury Board’s Direction on prescribed presence in the workplace, you may be eligible to make a request for exemption if one of the following applies to you:
- You are an employee working remotely full-time prior to March 16, 2020.
- You are an Indigenous public servant working from your community, where this location is critical to your identity.
- You are an employee who works remotely at 125km or more from your designated worksite and are seeking ADM permission to continue doing so.
- Your manager has requested change of position location (geographical code).
- You find yourself in an exceptional circumstance either of short term or longer-term duration. A decision on this would be made on a case-by-case basis. (For example, you have made a request for accommodation in relation to one of the thirteen prohibited grounds for discrimination as identified in section 2 of the Canadian Human Rights Act such as disability, family status, or other human rights related reasons.)
We encourage you to reach out to your manager to start a conversation about your situation and to get more information about the exemption request process. If you have submitted a request, you may continue to telework until the decision has been communicated to you.
Exemptions requested as part of an accommodation
If your exemption request is based on a disability, we highly recommend that you clearly inform your manager of your disability-related accommodation needs. Your manager may ask for more information to better understand your disability-related needs. The legislative framework clearly establishes that managers are allowed to ask for medical information as long as the information being sought does not infringe on your privacy rights. You do not have to share the cause of your disability or your diagnosis. However, your manager is entitled to ask for medical information which would explain how your limitations prevent you from coming into the office.
If the reason you are seeking an exemption is based on family status, particularly where it relates to childcare obligations, we suggest that you make every reasonable effort to find alternative solutions prior to requesting an exemption. Although childcare obligations are part of family status and fall under section 2 of the Canadian Human Rights Act, the case law has clearly established that an accommodation can only be justified where a legitimate need can be proven by the employee. Requests on these grounds will be examined on a case-by-case basis, and accommodation will only be warranted if you have taken the necessary steps to ensure that your childcare obligations are met using alternative means.
As always, if you have any concerns with your situation at work, do not hesitate to contact us. Send us a detailed message, including your name, department, and a description of your circumstance. You will be put in touch with a member of our Labour Relations team who will be glad to assist you. For all other questions, just send an email to info@pafso.com.