Home|Audio Conferences|Nosy or Necessary?

Nosy or Necessary?: Balancing requests for medical information and privacy

Thursday, July 25, 2019, 12:30 pm - 2:00 pm EDT



Register Now

Moderators


Jon Chapnick

Director, Human Resources & Labour Relations
RainCity Housing
Mihad Fahmy

Union Counsel


Speakers


Denis Mahoney

Employer Counsel
McInnes Cooper
Archana Mathew

Grievance Officer
Ontario Public Service Employees' Union

Issues

Health-related issues in the workplace often prompt employer or union requests for medical information, especially in the context of disability accommodation and attendance management. Such requests necessarily involve striking a balance between an employee's right to privacy and an employer's or union representative's entitlement to relevant documentation. In this session, experts will provide guidance on reconciling these interests and discuss best practices for handling employee medical information.

  • Making inquiries: What constitutes appropriate questioning regarding an employee's health? How is such questioning distinguished from overly intrusive or discriminatory inquiries? Are there any special considerations when a mental disability is involved?
  • Determining what information is necessary: In general terms, what type of information can an employer or union representative legally request in the context of an absence from work due to disability or a workplace accommodation? When can they ask for it? What if the only accommodation sought is a period of absence from work?
  • Requesting medical information: What is the most effective way for employers and unions to request information from physicians? If an employee has already submitted a medical certificate from his or her own physician supporting an accommodation or absence request, when will the employer be justified in seeking further information or a specialist's report? What is the process that should be followed in such cases?
  • Independent medical examinations: When can an employer require an independent medical examination (IME)? Is the employer entitled to choose the physician conducting the examination? What is the union's role in the IME process? What type of information can an employer legally seek from an IME? Does the scope of accessible information depend on the reason for which the IME is sought (e.g. fitness to return to work, eligibility for benefits, etc.)?
  • Confidentiality: What steps must/should employers and unions take to protect the confidentiality of medical information in their possession?

Accreditation

CPHR Alberta

CPD hours for this event can be logged online, through your CPHR Alberta member profile.


HRPA Continuing Professional Development

This program has been approved for 1.5 Continuing Professional Development (CPD) hours under Section A3 of the Recertification Log of the Human Resources Professionals Association.


Lancaster House CPD
  • This audio conference has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.
  • Members of the Law Society of Saskatchewan should contact their Law Society regarding CPD approval.
  • CPD for Members of the Law Society of Ontario: 1.5 Substantive Hours; 0 Professionalism Hours.
  • This audio conference has been approved by the Law Society of New Brunswick for 1.5 Continuing Professional Development hours.
  • Members of the Nova Scotia Barristers' Society may count this program for 1.5 Continuing Professional Development hours.

Additional Information

MATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each audio conference is accompanied by a PDF of concise summaries of the cases discussed.

REGISTRATION FEE
Live Session – $260, plus HST
Live Session for 2 or more (Boardroom fee) – $520, plus HST
Bundle Rate – Purchase a Live Session and receive the companion MP3 Recording for $160, plus HST
MP3 Recording – $260, plus HST
(Registrations must be paid in advance of the audio conference)
Contact us for discount pricing on the entire series.

AUDIO FILES
Audio conference MP3 files are available for $260. Those who have purchased the live audio conference may purchase the corresponding downloadable audio MP3 file for the discounted price of $160.

The recorded MP3 file and materials are available for download one business day after the live audio conference. After purchasing, you will receive an e-mail with instructions on how to access and download the audio conference MP3 file and materials by visiting My Account and selecting Order History. For audio file purchases for upcoming audio conferences, once the MP3 file is available through our site, registrants will receive an update e-mail informing them that the links are now ready.

REGISTRATION INFORMATION
When you register, you'll be given a toll-free number to dial at the time of the session and an access code to join the call. For additional program and registration information, call Lancaster House at (416) 977-6618.

Register Now