In this installment of Lancaster’s Workplace Essentials webinar series, panelists will review key principles governing the collection of employee medical information in unionized workplaces.
The webinar will address questions including:
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- Does the type and scope of information that employers can request differ depending on the purpose for which the information is being collected (e.g. in relation to benefits administration, sick leaves, accommodation, attendance management, or certification of fitness and return to work)?
- Is an employer entitled to information regarding an employee’s condition? Or only about any restrictions on job duties?
- What can employers or unions do when medical information is based largely on self-reporting? Must employees provide “objective evidence” of their conditions, such as the results of a medical test or standardized clinical measure?
- Can workplace parties request more specific information where the information provided is vague, deficient, or contradictory?
- When is it permissible to request that an employee provide a specialist report or undergo an independent medical examination? What is the union’s role when this has been requested?
- Are employers or unions entitled to communicate directly with an employee’s physician or require the employee be authorized to do so or provide a “blanket release” of employee medical information?
- In what circumstances have arbitrators found standardized medical forms to be overbroad or otherwise inappropriate?
- How should employers and unions respond where an employee fails to provide medical information that has legitimately been requested?
