![]() What information has already been provided?.For how long is the employee expected to be absent from work?.3 Practical Considerations for Employers Before Requesting Additional Medical Informationīefore requesting additional medical information from an employee, employers should consider the following: Typically, the lawyers at Getz Collins and Associates recommend that employers provide the employee with a medical ability-to-work form (to be filled out by the employee’s doctor) accompanied by a written job description and an explanation of the reason the additional information is requested. The requested information should relate to the operation of the workplace and the job duties of the employee, and it should be relevant to the time period of the employee’s medical leave. If after thorough review the employer finds the information insufficient, they may request further details.īefore requesting additional information, an employer should determine why the additional information is necessary. When an employee requests medical leave, they should provide the employer with proof of disability or illness. How Should An Employer Request Additional Medical Information From An Employee On Medical Leave? Requesting an Independent Medical Assessment or Independent Psychological Assessment is not an employer’s right until all other less intrusive means of obtaining necessary information have been exhausted. They have a right only to information that’s relevant to the time period of the medical absence.Īn employer does not have a right to contact an employee’s doctor without the employee’s consent. For example, an employer is not entitled to an employee’s medical history. What Information Is An Employer Not Entitled To?Īn employer does not have a right to all medical information in every situation, especially to any diagnosis beyond what’s necessary to make decisions about accommodation, providing disability leave, or assessing if an employee is fit to work. The type and amount of information an employer requires will depend on the situation. Whether a treatment or medication the employee is taking will affect the employee’s ability to perform job duties.What restrictions and limitations an employee has and.The expected length of the absence or disability (temporary or permanent).Information an employer may require to determine appropriate accommodation includes: This confirmation should include any restrictions or limitations the employer needs to know about to provide accommodation in the workplace. When an employee is returning to work after a medical leave, the employer may request written confirmation from the employee’s doctor that the employee is fit to return to work. This information depends on the situation and may include information about diagnoses and treatment. The law entitles employers to only the minimum information necessary to fulfill their duties and responsibilities as an employer. Information is also required for an employer to provide appropriate accommodation to ensure employee safety. While the Government of Alberta acknowledges that an employee’s personal medical information is private and must be kept confidential, it also understands that an employer needs adequate information for valid reasons.Īn employer needs a certain amount of information to know that an employee is able to continue work or return to work after a medical leave. ![]() What Information May An Employer Request From An Employee On Medical Leave? In Alberta, employee rights to privacy are balanced against employers’ legitimate business interests. These laws address employee rights to privacy, and the collection, use, and disclosure of personal and health information. Personal Information Protection Act (PIPA).Freedom of Information and Protection of Privacy Act (FOIP).There is quite a bit of legislation in Alberta around this issue, including the: How much medical information is an employer entitled to? Medical information in the workplace is a matter of privacy, but it’s also about the rights of employers to necessary information and the responsibility of both employees and employers in accommodating needs.
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