Returning to work after an illness, injury, or period of disability can be challenging for employees. Companies need to make reasonable adjustments to ensure a smooth transition and to comply with legal requirements. This guide will help you understand workplace adjustments for disability, reasonable adjustments under Fair Work, the Disability Discrimination Act, and the reasonable adjustment policy in Australia.
Understanding Workplace Adjustments for Disability
Workplace adjustments for disability are modifications or changes made to a job or work environment that enable an employee with a disability to perform their job effectively. These adjustments can be physical changes to the workplace, adjustments to work hours, modifications to job duties, or providing assistive technologies. The goal is to remove barriers that might prevent employees with disabilities from returning to work and contributing fully.
What are your responsibilities as an employer?
Under the Fair Work Act, employers are required to make reasonable adjustments for employees with disabilities. These adjustments must be practical and effective in assisting the employee to perform their job. Reasonable adjustments can include flexible work hours or part-time work, adjusting work tasks or duties, providing special equipment or modifications to the workplace, allowing work-from-home arrangements, and adjusting performance expectations or work targets. Employers should engage in open communication with employees to understand their needs and identify the most effective and reasonable adjustments for Fair Work.
The Disability Discrimination Act
The Disability Discrimination Act 1992 (DDA) is a key piece of legislation in Australia that aims to eliminate discrimination against people with disabilities. The Act makes it unlawful to discriminate against someone on the grounds of their disability in various areas, including employment. Under the DDA, employers must provide reasonable adjustments to accommodate employees with disabilities unless it would impose an unjustifiable hardship on the business. Failure to do so can result in legal consequences.
What is The Benefits of Reasonable Adjustment in Australia?
There are many benefits to the process of providing reasonable adjustments. Some of these benefits are that it enables the company to retain talent, fosters a supportive and caring culture for employees and it also promotes inclusion. Furthermore, people with disability typically have fewer days off, take less sick leave, and tend to stay in jobs for longer. Nowadays, many employees and prospective employees hold in high regard the efforts that an organisation goes through to promote participation and foster inclusive and diverse cultures.
The most suitable effective return-to-work is targeted to the employee’s needs and addresses the major barriers to return to work. The combination of strategies invoking the combination of work accommodation, work-focused healthcare, and RTW coordination, are proven to be very effective in a successful return to work. With that said, it is important to understand what is considered a reasonable adjustment in order to be prepared for the changes required.
Practical Steps for Implementing Reasonable Adjustments
There are several ways to make the return to work easier for an employee with a disability and these include:
• Flexible working arrangements
There are many positions that do not require an employee to work from the office. When this is the case, the return to work can be much easier. Working from home has turned into a very useful way for companies to lower costs and increase productivity, so this is always a good option.
• Working hours
Sometimes it is not that relevant for an employee to be in the office or on the clock for a specific set of hours. It is extremely important to keep this in mind and give the employee a flexible schedule as long as they get the work done.
• Job redesign
If an employee performed specific tasks within the organisation that they are no longer capable of doing, there is the possibility of reassigning some of those tasks. This should be possible as long as it does not disrupt the workflow of those involved.
• Vocational training and support
After their return to work and an altered capacity for work, the process of helping that employee retrain and learn new skills is important. After all, employees have a diverse set of skills and are capable of learning new ones with the appropriate training and support. Once more, the commitment to helping an employee return to work, will in turn increase employee loyalty and efficiency.
• Assistive technology to help with specific disabilities
Technology can be very useful and helpful in the process of helping people with disabilities perform at their peak. There is a wide range of assistive technologies that can assist such as instant messaging, screen readers, mobility and hearing aids, and sensor-based switches. These types of technologies can help ensure that the employee can perform to the best of their ability and makes them feel supported. Technology is always evolving and keeping up with all the latest releases is important.
• Workplace design
While it would never be expected for an employer to make any substantial changes to the infrastructure of the business, it is reasonable to add ramps or certain useful changes to specific areas if this helps a disabled employee. Some other minor changes to the workspace might include an adjustable desk, computer or laptop stand, or an adjustable office chair.
Tips That Companies Need to Know About Return to Work and Reasonable Adjustments
Funding through Employment Assistance Fund
There is also funding available through the Employment Assistance Fund (EAF) for eligible people with disability to pay for work-related modifications such as adjustments to workspace, equipment, special technologies, communication devices, and support services. The funding also includes disability awareness training for the workplace.
Free workplace assessments
Furthermore, free workplace assessments are available through the EAF to ascertain what modifications or equipment might be required to assist your employee with performing their role. The assessment is typically referred to as a Workplace Modification Assessment and is carried out by a qualified professional.
Returning to work
Returning to work after an injury, illness, or with a disability can be daunting for employees. A return-to-work plan that eases them back into work might be the preferred approach for both parties. It enables clarity on what is required from each party and provides the structure needed to make the adjustment as smooth as possible.
A disability does not mean an employee is no longer a valuable contributor and that their return to work will be a strenuous and difficult process. Far from it, but unfortunately, this is the inaccurate stereotype that a lot of companies have. There are however many opportunities for employees with disabilities to return to the workplace and be fantastic contributors with at times some small alterations and or support from their employer. Don’t make assumptions and verify eligibility for the free workplace assessment to get a clearer understanding of what is required. A collaborative approach between the workplace, healthcare providers, and the employee to identify and implement appropriate accommodations is important.
Know your responsibilities
It is very important to ensure that as an employer you make efforts to assist employees returning to work after an injury or employees returning to work with a disability. There are obligations that need to be fulfilled as per the Disability Discrimination Act and it is unlawful to discriminate against a person on the grounds of their disability. The exception to accommodating requests for a return to work is when the requested adjustments would impose unjustifiable hardship on the organisation.
HR Support Services for Implementing Adjustments
At HR Expertise, we provide comprehensive HR support services to help businesses implement reasonable adjustments for employees with disabilities. Our services include policy development, assisting in the creation of clear and compliant reasonable adjustment policies, employee communication, helping you communicate effectively with employees about their needs and the adjustments that will be made, legal compliance, ensuring your business adheres to all relevant employment laws and regulations, and ongoing support, providing continuous support to ensure that adjustments are effective and that employees can perform their roles successfully.
Explore our HR support services to ensure your business is compliant with all employment regulations.
Creating an Inclusive Workplace
Implementing reasonable adjustments is not just about compliance; it’s about creating an inclusive workplace where all employees can thrive. By making thoughtful and effective adjustments, employers can improve employee satisfaction and retention, enhance productivity and performance, foster a positive and supportive work environment, and reduce the risk of legal disputes and discrimination claims.
Understanding and implementing reasonable adjustments is essential for supporting employees with disabilities and ensuring compliance with Australian employment laws. By following the guidelines outlined in this blog and seeking professional HR support services, businesses can create a more inclusive and productive workplace. HR Expertise is here to help you navigate these challenges and implement effective adjustments that benefit both your employees and your business. Contact us today to learn more about how we can support your HR needs.
This guide provides a comprehensive overview of workplace adjustments for disability, reasonable adjustments under Fair Work, the Disability Discrimination Act, and the reasonable adjustment policy in Australia. By following these guidelines and seeking professional HR support services, businesses can create a positive and compliant work environment for all employees.
Cedric has 13+ years of demonstrated experience as a senior HR generalist with a broad commercial and project-driven background within leading global organisations across a range of industries. He is qualified with an MBA from the Australian Institute of Business (AIB), an Advanced Diploma of Management specialising in Human Resources and an HR Consulting – Business Partnering course from the Australian Human Resources Institute (AHRI).