By: Stephanie McDonald and Baljinder (Bal) Singh Tiwana
What Information Is Your Employer Entitled to Receive?
When an employee takes short term medical leave in Ontario, an employer may request limited information to confirm the absence. However, the employer cannot require detailed medical information such as a diagnosis or full medical records.
The information employees must provide is governed by:
- The Employment Standards Act
- The Ontario Human Rights Code
- The Ontario Occupational Health and Safety Act
- The Canada Labour Code and the Canadian Human Rights Act (for federally regulated employees)
- Privacy legislation
- The Common law
Laws aim to protect employee privacy while allowing employers to gather enough information to meet their workplace obligations. Requests for information relating to medical leave, must be directly related to the employee’s illness and job duties and proportionate to the length of the absence.
Employees have a duty to provide sufficient information to allow employers to meet their legal obligations, including the duty to accommodate disabilities up to the point of undue hardship and sufficient information to plan a safe return to work following a medical absence, such as phased returns and modified job duties.
What Your Employer Is Entitled to Receive
Employers are generally entitled to basic information that confirms the legitimacy of the leave, such as:
- Dates of absence
- Confirmation that the employee cannot perform their duties
- Details of accommodations or recommendations to support a safe return to work
- Information on current functional abilities and their impact on job performance
In practice, a medical note usually confirms that the employee cannot work for medical reasons and requires time away.
What Your Employer Is Generally Not Entitled to Receive
Employers generally cannot demand:
- A medical diagnosis
- Medical records
- Treatment notes or plans
- Detailed descriptions of symptoms or underlying conditions
Employers are also not permitted to contact an employee’s doctor directly without the employee’s express consent.
Why Employers Sometimes Request More Information
While employees have a reasonable expectation of privacy, employers must also comply with their legal obligations. In some cases, they may require additional information to implement appropriate workplace accommodations or to ensure workplace safety. Employers in safety sensitive workplaces, such as those that operate heavy machinery, often require more medical information to ensure the safety of all employees. Further, longer absences may require employees to provide additional medical information.
Employee Privacy
Courts recognize the need to balance employee privacy with an employer’s legitimate need for information. Employers may request functional information about an employee’s ability to work. However, they cannot require disclosure of the employee’s diagnosis or other private medical details unless that information is strictly necessary to fulfill their legal obligations.
Conclusion
For short-term medical leave, employees generally only need to provide basic confirmation that they cannot work and, if relevant, their functional limitations.
For longer-term leave related to a serious medical condition, employers may reasonably request additional information about functional limitations, expected return timelines, and accommodations. Unless strictly necessary for accommodation or workplace safety, diagnoses or sensitive medical details are generally not required to be disclosed.
Ultimately, the law aims to protect employee privacy while ensuring employers have enough information to manage the workplace and meet their legal obligations.
If an employer requests excessive medical information, treats you unfairly for taking medical leave, or disciplines or terminates you because of a medical absence, Workplace Sage Legal can help. Our team will assess your situation, explain your rights, and guide you through your available legal options.
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Learn more about employment law through the articles below:
- Fired After Medical Leave in Ontario? Know Your Severance Rights
- Who is entitled to Reasonable Notice, and how is it calculated?
- Ontario’s Burnout Problem: Ignoring It Comes at a Cost
DISCLAIMER: This article/blog is provided for educational/informational purposes only. This blog does not constitute legal advice. Do not rely on any advice before speaking with a lawyer. This blog does not form a solicitor-client relationship.
