Navigating an employer’s duty to accommodate while respecting employees’ privacy rights presents an ongoing challenge. This webinar will explore how to effectively request medical information and determine when a request for medical information is inappropriate. Specifically, the panel will address:

• What are the privacy concerns associated with an employer requesting an employee’s medical information, especially information related to mental health disabilities? What measures should employers and unions implement to safeguard an employee’s medical information and limit access to authorized individuals?
• Does the extent of the medical information that an employer is entitled to request vary depending on the underlying purpose of the request (e.g. for accommodation, leave, or return to work) or the length of the absence? Do employers ever have a right to obtain an employee’s diagnosis rather than simply restrictions on work?
• What are best practices for drafting letters to medical practitioners regarding an employee’s accommodation, leave, or return to work? Can employers or unions communicate directly with an employee’s medical practitioner?
• When can an employer request an Independent Medical Examination (“IME”)? What is the union’s role in this process?
• How should employers and unions assess medical information that relies exclusively or primarily on an employee’s subjective self-reporting of symptoms? Does the assessment differ in the context of mental health disabilities where diagnoses are predominantly based on self-reported information?
• How should employers and unions approach an employee who is reluctant to provide medical information or fails to provide the requested information?
• How should employers and unions update collective agreements and workplace policies to ensure that they are compliant with recent changes to legislation in various jurisdictions (e.g. restrictions on sick notes for short-term absences, long-term illness leave)?