Medical accommodations are one of the most common Human Rights requests employers face in Ontario. It is also one of the most misunderstood obligations. While employers are entitled to manage attendance and performance in the workplace, they must do so in a way that respects employees’ rights under the Ontario Human Rights Code (the “Code”), including the right to accommodation for disability to the point of undue hardship.
A frequent question from employers is: when can we ask for a doctor’s note – and when can’t we?
The answer depends on why the information is being requested and how much information is sought.
The Duty to Accommodate
We covered an employer’s duty to accommodate in another insight last year. For medical accommodations specifically, employers have a legal duty to accommodate employees with disabilities. This includes physical illnesses, mental health conditions, chronic conditions, and episodic medical conditions. Similar to all accommodations, the duty to accommodate exists up to the point of undue hardship. For medical accommodations, the employer’s goal is to remove workplace barriers, rather than question the legitimacy of the disability.
Medical Professionals and the Accommodation Process
Medical professionals play an important role when employees with disabilities seek accommodations at work. In order for employers to implement appropriate accommodations, employers often rely on the expertise of medical professionals to understand the functional limitations and needs associated with a disability. Employees seeking accommodations often rely on physicians or other medical professionals to provide clear, timely information about their disability-related needs, while still respecting their privacy interests.
When Employers Should Ask for a Medical Note
Situations where employers may request medical documentation include:
- when it is reasonably necessary to assess a request for accommodation;
- to understand the functional limitations affecting the employees work duties;
- to verify the need for accommodations and/or a disability related leave; and
- to support return-to-work planning following a leave.
In these types of situations, a doctor’s note may be appropriate, provided that the request is limited, proportional, and job-related.
While situations may vary, generally, employers should not request medical documentation if an employee has only been absent for a few days, due to an illness.
What Medical Information Can an Employer Ask For?
As with any accommodation process, employers must be sure to promote the dignity and privacy of people with disabilities. The Ontario Human Rights Commission (“OHRC”) sets out detailed guidance about the type and scope of medical information to be provided to support an accommodation request. This information should include:
- that the person has a disability – employers are not entitled to know what disability is, rather if the employee has one;
- the limitations or needs associated with the disability;
- whether the person can perform the essential duties or requirements of the job, with or without accommodation;
- the type of accommodation(s) that may be needed to allow the employee to fulfill the essential duties or requirements of the job; and
- regular updates about when the employee expects to come back to work, if they are on leave.
Generally, employers do not have the right to know an employee’s confidential medical information, such as the cause of the disability, diagnosis, symptoms or treatment. The OHRC is clear that the emphasis must be on what the employee can and cannot do, not on what condition they have.
It’s important to note that when more information about an employee’s disability is needed, the information requested must be the least intrusive of the employee’s privacy while still giving the employer enough information to make an informed decision about the accommodation.
Conclusion
In Ontario, employers can ask for medical information, but only what is reasonably necessary to support an employee’s accommodation. Over-requesting, insisting on diagnoses, or demanding doctor’s notes as a default practice can quickly cross the line into discrimination.
When in doubt, employers should err on the side of flexibility and seek legal advice before denying accommodations or demanding further medical proof. If you have questions regarding accommodating employees, get in touch for a consultation.
