We’ve been learning about protected grounds and accommodation. A common scenario in workplaces is when an...

We’ve been learning about protected grounds and accommodation. A common scenario in workplaces is when an employee has a medical issue, and the employer must accommodate that medical issue to the point of undue hardship. Sometimes, employers do not know what information they can legitimately request from employees, and what information the employer has no right to know. Read Obtaining and Responding to Medical Information in the Workplace.

Does your workplace have a policy that deals with what information can be requested? Would you recommend changes to the policy? Why or why not?

Expert Solution

Yes my workplace has a policy that deals with what information can be requested. In broad the policy consists of following subtitles:

Reasons why employer can ask for medical information (employee’s absenteeism from work place, to ensure when employee will return, id accommodation is required etc.).
Parties involved in this case (employer, employee, doctor, union).
What information can be requested (within legal labour law clause).
Sharing of information (the confidentiality of information provided by employee will be maintained by employer by only letting the concern people know the reason for absence and accommodation).
A collective agreement (that is based on related legal limits and labour law clauses).
Definitions of what is considered as illness, injury, disability, accommodation and related terms.
Rights of employer to gain relevant medical information.
Rights of employees to not provide irrelevant and confidential information.
Returning to work (licenced doctor’s note on whether accommodation is required or not, for how long is it required and what conditions are important).
Sufficiency of information,
Conditions that might lead to termination (misconduct, excessive absenteeism, refusal to provide relevant medical information).

The only change I would recommend to this Access to Medical Information policy would be that it must include more clarity. For example when it is mentioned relevant conditions, it should specify what the relevant conditions are. And when it mentions concerned persons, it should specify who will be the concerned persons.

keosha answered 1 year ago

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