| THE
ISSUES: | Some
of the questions addressed: - In
what circumstances can employees be required to provide medical information to
employers? To justify absence due to illness? To support a disability claim?
- What
are the implications of the new compassionate care program instituted by the federal
government? How have the provinces responded? What are employees' obligations
when taking "family medical leave"? Can employees be required to provide
a medical certificate proving the illness of a family member? How will these new
employment standards provisions intersect with current privacy legislation?
- How
will Ontario's new Personal Health Information Protection Act, 2004 (which
comes into force on November 1, 2004) impact the disclosure of medical information?
In what circumstances can employers seek the release of employee medical information
from third parties (doctors, hospitals, occupational health and safety nurses,
benefit providers, workers' compensation boards)? What has been the experience
in other provinces that have passed legislation protecting personal health information?
- How
much information can employers ask for? Medical certificates? Reports? When should
employers seek independent medical evidence? Can an employee be compelled to attend
a doctor of the employer's choice? Or submit to an independent medical assessment?
Who pays the cost? Can employees be disciplined or discharged for failing to provide
satisfactory evidence?
- Can
an employer's doctor communicate with the employee's doctor? Must employees provide
the consent or face discipline?
- What
information do employers require to assess accommodation options? Can employers
demand more information from disabled employees (medical certificates for every
absence, reports on rehabilitation progress) than is required of other employees?
How are workers' compensation boards and human rights tribunals balancing the
employer's interests with the employee's right to privacy?
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