People with disabilities are 40% less likely than others to be involved in a workplace accident in the course of their employment¹. They are widely recognized as being more cautious and more respectful of health and safety rules than others². Research also suggests they are less likely to take sick leave due to workplace accidents and, when they do, they return to work 63% faster than their colleagues³.

When they must be absent due to an injury or occupational illness, persons with disabilities have the same rights as others when it comes to returning to work. In the absence of a collective agreement outlining the terms, the employer must collaborate in the process of reintegrating the employee into the workplace in accordance with the rules of the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST)⁴, namely:

• Within one year following the absence for workplaces with 20 or fewer employees;
• Within two years following the absence for workplaces with 21 or more employees.

Three return-to-work options are then available to the employer and the person with a disability (*note that the CNESST supports both the employer and the individual throughout each of these stages):

1) Return to the Previously Held Position

Resuming the previously held job is the first option that should be considered by both the employer and the individual. If residual limitations, vocational rehabilitation measures, or existing barriers prevent the person from returning to their job under the same conditions, an accommodation process must be initiated. This may involve a gradual return to work or the modification of tasks, work schedules, or work organization. If the required accommodations are deemed unreasonable, a new accommodation process may need to be undertaken.

2) Transition to Another Job Within the Same Organization

If the previously held position no longer exists at the time of return, the employer is required to offer an equivalent job within the organization. An equivalent job is one that:

• has similar characteristics to the job the person previously held;
• allows the use of their required professional qualifications; and
• provides a similar salary, benefits, hours, and working conditions.

If the individual’s residual abilities are insufficient or the negotiated accommodations are deemed unreasonable to perform the equivalent job, the employer must then offer the first suitable job available in the organization. A suitable job is one whose essential tasks and characteristics:

• are appropriate;
• allow for the use of their residual abilities;
• allow for the use of their professional qualifications;
• offer a reasonable opportunity for hiring; and
• present working conditions that do not pose a risk to the worker’s health, safety, or physical or psychological integrity, given their occupational injury.

3) Transfer to a Suitable Job in Another Organization

Finally, if the individual’s residual abilities or the required or negotiated accommodations are deemed unreasonable, the person will be supported by CNESST in identifying a suitable job in another organization.

Reading Recommendations

CNESST. 2025. Politique 3.05 La détermination de l’emploi convenable, Québec, CNESST. Available at: https://www.cnesst.gouv.qc.ca/sites/default/files/documents/reinsertion-professionnelle-3-05_0_0.pdf?cid=1744060194

CNESST. Retour au travail après une blessure ou une maladie causée par le travail. Available at: https://www.cnesst.gouv.qc.ca/fr/prevention-securite/milieu-travail-sain/retour-travail/retour-travail-apres-blessure-maladie

FTQ. 2020. Agir pour le droit au travail des personnes en situation de handicap. Guide d’information. Available at: https://ftq.qc.ca/wp-content/uploads/2020/12/Guide_Agir_droit_travail_2020.pdf

Simard Boivin Lemieux Avocats & Notaires. 2014. Lésions professionnelles : droit au retour au travail et obligation d’accommodement de l’employeur. Available at: https://www.sblavocats.com/lesions-professionnelles-droit-de-retour-au-travail-et-obligation-daccommodement-de-lemployeur/

Workforce Planning Board of Waterloo Wellingston Dufferin, Making Cent$ of Abilities Employers’ Resource to Hiring and Retaining Persons with Disabilities. 2022, Workforce Planning Board of Waterloo Wellingston Dufferin: Cambridge.