A common source of conflict
When you need time off or accommodation because of a medical condition, your employer may ask for information from your doctor. Many employees are not sure how much they have to share. In Alberta, the Alberta Human Rights Commission has guidance that helps answer that question.
What your employer can usually ask for
If you are asking for accommodation, your employer is entitled to reasonable information to understand what you need. This usually includes:
- confirmation that you are absent for medical reasons, and an expected return date
- your restrictions and limitations as they relate to your job
- whether the condition is temporary or permanent, and how long the restrictions are expected to last
- whether you are fit to return to your job, to parts of it, or to modified work
For longer or more complicated situations, or where the first information is unclear, an employer may ask for more detail.
What your employer usually cannot ask for
- Your diagnosis. The Commission says an employer generally cannot ask for your diagnosis. It may only do so in limited cases where it can show the information is necessary, after trying other ways first.
- Information unrelated to your job.
- To contact your doctor directly without your consent.
- Medical information when you are not asking for accommodation.
Your employer must also keep your medical information confidential and share it only with people who need it for a specific purpose.
Your part in the process
Accommodation is a shared process. As an employee, you are expected to:
- tell your employer that you need accommodation
- provide reasonable medical information to support your request
- cooperate in finding a solution
- accept a reasonable solution, even if it is not the one you would have chosen
Practical tips
- Ask your doctor to focus on your functional limitations and what you can do, not your diagnosis.
- If a request seems to go too far, ask your employer in writing to explain why it needs the information.
- Keep copies of every note, form and email.
- If your employer refuses to accommodate you, disciplines you, or ends your employment after a request, get advice promptly.
Deadlines
A human rights complaint to the Alberta Human Rights Commission must be made within 1 year of what happened.
This is general information, not legal advice. Every situation is different. If you are dealing with a medical information request or an accommodation dispute at work, you can book a consultation with Andrew Green Law.
This article provides general information about the law in Alberta and is not legal advice. Every situation is different. Reading this article does not create a lawyer-client relationship. For advice about your circumstances, contact Andrew Green Law.