Thursday, June 26, 2008
12:30 p.m. - 2:00 p.m. EDT
Playback: Wednesday, July 2, 3:30 p.m. - 5:00 p.m. EDT

Jim Dorsey

Arbitrator/Mediator

Gail Gatchalian

Union Counsel
Pink Breen Larkin

Marli Rusen

Employer Counsel
Marli F. Rusen Law Corporation

ISSUES:

Issues involving access to and disclosure of medical information during the accommodation process are becoming increasingly complex as courts, tribunals, arbitrators and privacy commissioners try to balance employee privacy rights against the employer’s need to obtain, use and disclose medical information. In this session, Lancaster's team of expert practitioners will examine these issues through the lens of the latest arbitral and court decisions and legislative developments. Topics will include:

• When in a claim for accommodation can employers require employees to provide medical information?
• What medical information can employers require employees to provide? Proof of illness and/or fitness? Functional abilities and restrictions? Full diagnosis or just the general nature of the illness? Prognosis, and treatment? In what form must employees provide the information?
• What may an employer do when it thinks that medical information is inadequate? Can it require a second opinion? That an employee see a specialist? Attend a doctor of the employer's choice? Submit to an independent medical assessment? If so, who pays?
• Does an employee's refusal to provide medical information mitigate the employer's duty to accommodate? What if the employee fails to respond to the employer’s communications while the employee is off work due to illness or injury?
• When can employers seek the release of employee medical information from third parties (doctors, hospitals, occupational health and safety nurses, benefit providers, workers' compensation boards)?
• To whom should the employee disclose their medical information? To their supervisor? Representatives of the union? Third parties such as insurance providers and workers’ compensation boards?
• What employee medical information can the employer access during the grievance/arbitration process? When will arbitrators order the disclosure of medical information and/or that grievors undergo medical examinations? What about when a party to a hearing asserts that the grievor has a medical condition for which the grievor has never been assessed? What restrictions do arbitrators impose on the use of medical information?
• What impact does recent federal and provincial privacy legislation have? Can an employer adopt a mandatory disclosure policy without offending provincial and federal privacy legislation? What limitations might be attached to such a policy?
• What role do unions have in safeguarding the employee’s rights to privacy of personal health information vis-à-vis the employer? What about medical information in the possession of the union?
• Can an employer institute a policy requiring any employee returning to work from an illness or injury to sign a consent form allowing the employer’s doctor to speak with the employee’s medical practitioner?

$195, plus GST (Registrations must be paid in advance of the audio conference). Registration costs are per listening site/telephone, so you can have any number of people listening at your location for one low price. Click here for registration information.