| THE
ISSUES: | Some
of the questions addressed: - When
can an employer request a medical report? How much information can the employer
ask for in a medical certificate? Can an employer insist on knowing the diagnosis,
functional abilities, prognosis, and treatments that a worker is receiving?
- When
can an employer insist on a second opinion? Is the employee obligated to submit
to a medical examination by a doctor/consultant/etc. of the employer's choosing?
- What
is the impact of privacy legislation on the employer's right to medical information?
Do employees have a common law right to privacy against the employer? What about
the Charter?
- What
actions may an employer take when it is of the view that the medical certificate
is inadequate? Can an employer discipline a worker for refusing to provide detailed
information? Can a worker be removed from the job pending the provision of more
detailed information? Can an employer deny the grievor a benefit such as paid
sick leave if the medical certificate is inadequate?
-
Who is entitled to see an employee's medical information? If the employer is entitled
to require a medical certificate, must an independent third party be engaged to
review it? Is a worker's manager or direct supervisor entitled to access the employee's
medical information? Are the employee and the union entitled to medical information
in the possession of the employer, its physician or its staff?
- What
medical information is the employer entitled to access during the grievance/arbitration
process? Can an arbitrator order the union or the employee to disclose detailed
medical information during the arbitration proceedings? Can arbitrators order
grievors to undergo medical examinations?
- Who
is required to pay for medical certificates?
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