Calgary Employment Lawyers Advising Employers on Requesting Medical Information from Employees

Alberta employers may request reasonable medical information when it is needed to understand an employee’s workplace limitations, assess an accommodation request, or manage a return to work, but the request should be limited to information that is genuinely necessary.

When Can an Employer Request Medical Information?

Employers are not automatically entitled to an employee’s medical information simply because the employee is ill, injured or absent from work.

However, medical information may be appropriate where an employer needs reliable information to understand:

• Whether an employee has medical restrictions or limitations affecting work;
• Whether workplace changes may be required;
• What duties the employee can and cannot perform;
• How long the restrictions are expected to last;
• Whether the employee is able to return to work;
• Whether modified work is medically appropriate; or
• Whether an existing workplace arrangement needs to be changed.

The amount of information an employer can reasonably request depends on the circumstances.

The guiding question should be:

What information does the employer reasonably need to understand the employee’s workplace limitations and make an informed employment decision?

What Rights Do Employees Have When Medical Information Is Requested?

Employees have important privacy and human rights interests in their medical information.

An employer should not request more information than is reasonably necessary for the workplace issue being addressed.

In most cases, the focus should be on:

• Functional limitations;
• Restrictions;
• Ability to perform job duties;
• Expected duration of limitations;
• Return-to-work timing; and
• Whether specific workplace changes are medically required.

Employers should avoid asking for information that does not assist with the workplace decision.

Does an Employee Have to Disclose Their Diagnosis?

Generally, an employer does not need an employee’s specific medical diagnosis simply to understand workplace restrictions.

The focus should ordinarily be on the effects of the medical condition rather than its medical label.

For example, an employer may need to know that an employee:

• Cannot lift more than 10 kilograms;
• Cannot stand for more than 30 minutes;
• Requires a reduced work schedule for six weeks;
• Should not operate certain equipment;
• Requires periodic breaks; or
• Is medically unable to perform a particular essential duty.

The employer may not need to know the exact medical condition causing those restrictions.

There may be exceptional circumstances where additional medical information is reasonably necessary. However, employers should avoid automatically asking every employee for a diagnosis.

What Medical Information Can an Employer Request?

An employer may generally request medical information that is reasonably necessary to understand an employee’s work-related limitations.

Depending on the circumstances, appropriate information may include:

• Whether the employee has restrictions or limitations affecting work;
• Whether the condition is temporary or ongoing;
• The employee’s functional abilities;
• Duties the employee can safely perform;
• Duties the employee should avoid;
• Whether hours of work should be modified;
• Whether treatment or medication affects the employee’s ability to perform job duties;
• Whether modified work is medically appropriate;
• The expected duration of the restrictions;
• The expected duration of an absence;
• The employee’s prognosis for returning to work;
• The employee’s fitness to return to work; and
• The likely duration of restrictions after returning.

Employers should ask only for information that is relevant to the employment issue they are trying to address.

Can an Employer Ask for a Doctor’s Note or Medical Form?

Yes, where medical information is reasonably required.

Depending on the circumstances, an employer may ask for:

• A medical note;
• A functional abilities form;
• A return-to-work form;
• Answers to specific questions from a treating medical professional; or
• Updated medical information where restrictions or prognosis have changed.

The request should clearly explain what information the employer needs. A targeted request is usually more useful than asking a medical professional to provide a general statement that an employee is “unable to work” or “requires accommodation.”

How Much Medical Information Is Enough?

There is no universal amount of medical information that is sufficient in every case. The amount required may depend on:

• The nature of the employee’s job;
• The physical or cognitive demands of the position;
• The workplace issue being addressed;
• The seriousness of the restrictions;
• Health and safety considerations;
• The expected duration of the limitations;
• Whether the medical information is clear and internally consistent; and
• Whether the employer can make an informed decision using the information already provided.

Employers should avoid repeatedly requesting new medical information without a legitimate reason.

If the information provided is unclear or incomplete, it may be appropriate to explain specifically what further information is required and why.

What Medical Information Should Employers Avoid Requesting?

An employer should generally avoid requesting medical information that is unrelated to the workplace issue.

Depending on the circumstances, an overly broad request might include:

• Complete medical records;
• An employee’s entire medical history;
• Detailed treatment records;
• Information about unrelated medical conditions;
• Specialist reports unrelated to the employee’s workplace restrictions;
• Details about medications where they do not affect work; or
• A diagnosis where functional information is sufficient.

Medical information is highly personal. Employers should collect only what they reasonably require.

What Are the Employee’s Obligations When Medical Information Is Requested?

Employees also have responsibilities when medical information is reasonably required.

An employee should generally:

• Explain that a medical issue is affecting work where relevant;
• Provide reasonable supporting medical information;
• Cooperate in obtaining clarification where existing information is insufficient;
• Respond to reasonable requests for updated information;
• Keep the employer informed about material changes in restrictions; and
• Participate in reasonable return-to-work planning.

An employee is not necessarily required to provide every piece of medical information requested. The question is whether the employer’s request is reasonable and connected to a legitimate workplace need.

What If an Employee Refuses to Provide Medical Information?

This issue should be approached carefully.

Where an employer reasonably requires medical information to understand restrictions or make a workplace decision, an employee’s refusal to provide sufficient information can make it difficult for the employer to proceed.

Before taking further action, an employer should consider:

• Whether the information requested is actually necessary;
• Whether the request was sufficiently clear;
• Whether the employer explained why the information is needed;
• Whether the employee has already provided enough information;
• Whether there is another reasonable way to obtain the necessary information; and
• Whether the employee has been given a reasonable opportunity to respond.

Employers should avoid jumping immediately from an incomplete medical note to discipline or termination. If the employee continues to refuse a reasonable request for necessary medical information, the employer should obtain legal advice before deciding how to proceed.

How Should Employers Protect Employee Medical Information?

Medical information should be treated as highly confidential.

Employers should limit access to people who genuinely need the information for employment administration, health and safety, or return-to-work planning. Managers may need to know an employee’s workplace restrictions without receiving the employee’s underlying medical documentation.

For example, a supervisor may need to know:

“The employee cannot lift more than 10 kilograms for the next eight weeks.”

The supervisor may not need access to the employee’s medical report or information about the underlying condition.

Employers should:

• Store medical information securely;
• Limit internal access;
• Avoid unnecessary disclosure;
• Separate medical information from general performance documentation where appropriate; and
• Share only the information required to manage the workplace issue.

When Should Medical Information Be Updated?

Updated medical information may reasonably be required where:

• Restrictions were originally temporary;
• The expected recovery date has passed;
• The employee’s condition has materially changed;
• The employee requests a different workplace arrangement;
• The employee is preparing to return from a lengthy absence;
• Existing restrictions are unclear or appear inconsistent with current circumstances; or
• The employer needs to determine whether the employee can safely resume additional duties.

Requests for updated information should remain reasonable and connected to a genuine workplace need. An employer should not establish an arbitrary practice requiring repeated medical updates where nothing has changed.

Common Mistakes Employers Should Avoid When Requesting Medical Information

Medical information requests can create unnecessary legal risk when employers ask for too much information—or fail to ask for enough.

Common mistakes include:

• Automatically requesting an employee’s diagnosis;
• Asking for complete medical records;
• Using a generic medical form that seeks irrelevant information;
• Accepting a vague doctor’s note when functional information is actually required;
• Repeatedly requesting medical updates without a legitimate reason;
• Asking questions unrelated to the employee’s job;
• Sharing medical information unnecessarily with managers or coworkers;
• Failing to explain why further medical information is needed;
• Treating an incomplete medical note as employee misconduct; and
• Making employment decisions before obtaining the information reasonably required.

A focused and proportionate request usually produces better information and reduces legal risk.

What to Do Next When Medical Information Is Required

Alberta employers should consider the following steps:

• Identify the workplace issue. Determine what duties, attendance requirements or other aspects of the job are affected.
• Decide what information is actually needed. Avoid requesting medical information out of habit.
• Focus on function. Ask about restrictions, limitations, prognosis and ability to perform job duties.
• Avoid asking for a diagnosis.
• Use targeted questions. Tell the medical provider exactly what workplace information is required.
• Explain the request to the employee. Make clear why the information is necessary.
• Review what has already been provided. Do not ask for duplicate information.
• Protect confidentiality. Limit access to medical records and share only workplace restrictions where appropriate.
• Request updates only when justified.
• Document the process. Keep a record of requests, responses and reasons for further information.
• Get legal advice before taking action based on insufficient medical information.

Getz Collins and Associates: Advising Alberta Employers on Medical Information Requests

Requests for employee medical information require employers to balance legitimate workplace needs with employee privacy and human rights.

The employment lawyers at Getz Collins and Associates advise Alberta employers on how to request appropriate medical information and respond when the information provided is incomplete or unclear.

We can assist employers with:

• Drafting requests for medical information;
• Reviewing medical notes and functional abilities forms;
• Determining what additional information can reasonably be requested;
• Return-to-work planning;
• Disability-related attendance and performance concerns;
• Employee refusals to provide medical information;
• Confidentiality and handling of medical records;
• Drafting medical questionnaires for treating practitioners; and
• Employment decisions involving medical restrictions.

Obtaining advice early can help employers gather the information they actually need while avoiding overly broad or intrusive requests.

From our Calgary office, Getz Collins and Associates advises employers throughout Alberta, including Calgary, Airdrie, Cochrane, Okotoks, Drumheller, Chestermere, Hussar and surrounding communities.

Call 587-391-5600 or contact us online to schedule a consultation with an employment lawyer.