Modified Duties Letters for Employers
When an employee presents a modified duties letter from their physician, it means they can work but need specific adjustments to their role, schedule, or environment. As an Alberta employer, you have a legal obligation to accommodate these requests to the point of undue hardship.
This guide explains how to interpret modified duties letters, create effective accommodation plans, and manage the process while protecting both your organization and your employees.
What a Modified Duties Letter Contains
A modified duties letter from a physician typically specifies: the types of activities the employee should avoid, recommended alternative duties or accommodations, the duration of the modification (usually 2-4 weeks), a review date for reassessment, and whether the modifications are temporary or ongoing.
The letter should NOT contain the employee's diagnosis. You are only entitled to know what accommodations are needed, not why they are needed.
Common Modified Duties Requests
The most common modifications Alberta employers encounter include: no heavy lifting (with a specified weight limit), alternating between sitting and standing, reduced hours or modified schedule, work-from-home arrangements, avoidance of repetitive motions, quiet or low-stimulation environment, no driving or operating heavy machinery, and flexible break schedules.
Creating a Modified Duties Plan
When you receive a modified duties letter, schedule a meeting with the employee to discuss how to implement the recommendations. Create a written plan that specifies: what duties the employee will perform, what duties are temporarily removed, any schedule changes, the duration of the arrangement, and when the plan will be reviewed.
Both parties should sign the plan. This protects you by documenting your accommodation efforts and protects the employee by ensuring clear expectations.
When Accommodation Is Not Possible
If you genuinely cannot accommodate the restrictions (undue hardship), you must document that you explored all reasonable options. Undue hardship is a high bar — it requires demonstrating significant financial cost, disruption to operations, or health and safety risks to others.
Before concluding undue hardship, consider: temporary reassignment to a different role, redistributing specific tasks to other employees, modifying the physical workspace, adjusting the schedule, allowing remote work for applicable duties, and phased return with gradually increasing responsibilities.
Frequently Asked Questions
Do I have to create a new position for the employee?
No. You must accommodate within existing positions and structures. However, you should consider temporary reassignment to a suitable existing role if the employee's current role cannot be modified.
Can I ask what's wrong with the employee?
No. You are only entitled to know what accommodations are needed and for how long. The specific diagnosis is private medical information.
What if the employee's restrictions keep getting extended?
You can request updated documentation at each review date. If restrictions become permanent, you may need to explore long-term accommodation or discuss whether the essential duties of the role can still be performed.
Can I require a second medical opinion?
In some cases, yes, but you must pay for it and it must be conducted by a physician of the employee's choosing or a mutually agreed-upon physician. Consult an employment lawyer before requesting this.
This page provides general information about Alberta human rights and employment obligations. It is not legal advice. For specific accommodation situations, consult with an employment lawyer.
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