Modified Duties Ontario: What Employees Need to Know

If you’re injured or dealing with a medical condition at work in Ontario, your employer may offer “modified duties” (also called light duties or accommodated work). This means changes to your usual job so you can keep working while you recover. But what are your rights, and what obligations does your employer have?

What Are Modified Duties?

Modified duties are temporary changes to your normal work tasks. They’re meant to match your medical restrictions and help you stay employed. Examples include:

• Reducing heavy lifting requirements
• Offering seated work instead of standing
• Adjusting hours or breaks
• Moving you to a different role within the company

Do Employers Have to Offer Modified Duties in Ontario?

Yes — under the Human Rights Code and Occupational Health and Safety Act (OHSA), employers in Ontario must accommodate employees with medical needs to the point of undue hardship. That often means providing modified duties.

If your doctor provides medical restrictions, your employer should:

• Review them carefully
• Offer appropriate modified work that respects those restrictions
• Continue to pay you fairly for the work performed

What If My Employer Refuses to Provide Modified Duties?

If an employer ignores medical restrictions or refuses modified duties, it can amount to:

• Disability discrimination under the Human Rights Code
• A constructive dismissal if the employer tries to push you out instead of accommodating you
• A potential WSIB issue if your injury is work-related

Can You Refuse?

You can refuse modified duties if they don’t respect your medical restrictions. For example:

• Your doctor says “no lifting over 10 lbs” but your employer insists you do heavier tasks
• The new role is unsafe or worsens your medical condition

Always get your refusal in writing and supported by medical documentation.

Pay During Modified Duties

If your employer provides safe and appropriate modified work, you’re generally paid your regular wages for the hours you work. If you can’t perform your full schedule, WSIB or short term disability Ontario benefits may cover the gap.

Modified Duties and Long Term Disability Benefits

Sometimes, modified duties aren’t enough. If your medical condition prevents you from working safely — even in an accommodated or light-duty role — you may need to apply for long term disability Ontario (LTD) benefits.

• Employer pressure: Some employers push workers to return on modified duties before they’re ready. If those duties conflict with your doctor’s advice, you should rely on medical documentation and apply for LTD instead.
• Insurance denials: Insurers often deny LTD claims by arguing you can still perform modified duties. But “any work” isn’t the legal standard — the test is whether you can perform the essential duties of your own occupation (typically for the first two years of LTD).
• Return-to-work conflicts: If your employer insists on modified duties and your insurer cuts off benefits because of it, you may have a legal claim against the insurer and/or your employer.

Legal Options if Your Rights Are Violated

If your employer refuses accommodation, pressures you to quit, or penalizes you for asking for modified duties, you may be entitled to:

• Human Rights compensation
• Wrongful dismissal damages
• Severance pay (up to 24 months in Ontario)

Speak to an Employment Lawyer About Modified Duties in Ontario

If your employer won’t respect your medical needs or modified duties, you don’t have to accept it. At Samfiru Tumarkin LLP, our employment lawyers have helped thousands of non-unionized employees across Ontario get the accommodation, compensation, and severance they deserve.

At our firm, we have:

• ⚖️ Settled over 99% of cases quickly through negotiation or mediation
• 📱 Free Termination Consultations — in many, but not all, cases
• ⭐ Earned 2,283 5-star Google reviews (4.8 average)
• 🏆 Recognized as one of Canada’s Best Law Firms (Globe and Mail)

Call us at 1-855-821-5900 or request a consultation online.