more loyal and are more likely to stay with
the company.”
There is also now more risk of legal action
than ever before in cases where accommodation
is not given. In an article published
in Hospital News (April 10, 2013),
Cabel emphasized that “the law in this
area is rapidly evolving as more and more
employees seek accommodation from their
employers.” An important recent decision
before the Human Rights Tribunal of Ontario
(Devaney v. ZRV Holdings Ltd.) concerned
an employee who had been terminated
“after his employer became frustrated
with his continued absences relating to his
efforts to take care of his ailing mother,”
Cabel said.
“The Tribunal rejected the employer’s
claims that Mr. Devaney’s absences were
having a negative effect on the performance
of his team” and “found that the employer
could have accommodated Mr. Devaney’s
needs without undue hardship.” Devaney
was awarded $15,000, and his former employer
was ordered to develop workplace
human rights policy and training.
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There can also be a danger, however,
in offering accommodation on a case-bycase
basis.
“Many companies are saying they’re doing
it as one-offs, and we’re saying that they
should put it into their employment policies,
656201_Aird.indd 1 27/08/13 3:21 PM
so that they’re consistent, and so that
they actually get the credit for being compassionate
employers,” said Baxter. “If it’s
not in your HR policies, then you run the
risk of being inconsistent within your organization,
which is a problem.”
Besides leave provisions, a compassionate
care policy could include such items as
more flexible work hours, says Firth, along
with “being aware of what resources are
available in the local community. Community
organizations can help employees
find out about support and connect with
caregiving.”
He stresses that flexibility is key.
“If you’re a caregiver, life is hectic and
you’re always facing last-minute crisis,” said
Firth. Also, although employers are only
required to accommodate employees caring
for family members, “it’s not uncommon
in rural communities that the caregiver is a
friend or neighbour.”
For the employer, compassionate care “is
about supporting employees so they don’t
have to make the choice between keeping
their job and caring for their loved one,” said
Firth. In some situations, a caregiver may
be able to keep in touch with colleagues via
WiFi and smartphone. Expecting a normal
level of output might be unrealistic, “but
keeping that employee engaged is probably
more beneficial than losing them altogether,”
he said.
When a bereaved employee returns to
work, Firth believes that, while confidentiality
must be respected, it’s appropriate to
ask, “Have you spoken with your coworkers
about this?” and to provide colleagues with
information about how to support a grieving
co-worker, which is often available in
pamphlet form from local funeral directors.
“There needs to be a recognition that
grieving is not a time-defined, linear process,”
he said; an employee may still be in a
fragile state a year after returning to work.
“The conversation about aging and dying
is becoming more normal,” said Firth. “The
reality is that we’re all going to die, and as
a society we should be providing the same
levels of service that we do with birth, and
all the stages in between.” ■
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40 ❚ FEBRUARY 2014 ❚ HR PROFESSIONAL