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Sick Leave and Medical Confidentiality in Canada [closed]
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Lately I have been on sick leave due to an illness that has yet to be diagnosed by doctors. It is procedure at work that after 3 days of being sick, we must be put on short term disability and get a doctor's note. I have had no problem getting them doctor's notes so far, the only thing that bothers me is what they first asked for on the doctor's note.
We have a health & safety department, and what they requested on the first doctor's note was what my symptoms are and why I am unable to return to work. I told my doctor this, and he said they can't legally ask me to supply that information due to confidentiality reasons, which I totally agree with. It doesn't make sense to me that an employer can probe an employee for sensitive information like that. They even mentioned having me come into work and having me assessed by the health & safety department, even though the doctor has excused me from work. I found an article on the web that is for U.S. law, and I'd think the same sort of thing would apply to Canada as well.
Am I wrong to think they can't legally force me into work to probe me with questions I'd rather remain confidential, especially when the doctor has excused me from work?
sickness time-off canada
edited Oct 30 '12 at 16:20
Elysian Fields♦
96.9k46292449
asked Oct 30 '12 at 16:08
Hoff
1311
closed as off topic by bethlakshmi, pdr, Monica Cellio♦, Oded, Karl Bielefeldt Oct 30 '12 at 21:18
Questions on The Workplace Stack Exchange are expected to relate to the workplace within the scope defined by the community. Consider editing the question or leaving comments for improvement if you believe the question can be reworded to fit within the scope. Read more about reopening questions here. If this question can be reworded to fit the rules in the help center, please edit the question.
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up vote
6
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Lately I have been on sick leave due to an illness that has yet to be diagnosed by doctors. It is procedure at work that after 3 days of being sick, we must be put on short term disability and get a doctor's note. I have had no problem getting them doctor's notes so far, the only thing that bothers me is what they first asked for on the doctor's note.
We have a health & safety department, and what they requested on the first doctor's note was what my symptoms are and why I am unable to return to work. I told my doctor this, and he said they can't legally ask me to supply that information due to confidentiality reasons, which I totally agree with. It doesn't make sense to me that an employer can probe an employee for sensitive information like that. They even mentioned having me come into work and having me assessed by the health & safety department, even though the doctor has excused me from work. I found an article on the web that is for U.S. law, and I'd think the same sort of thing would apply to Canada as well.
Am I wrong to think they can't legally force me into work to probe me with questions I'd rather remain confidential, especially when the doctor has excused me from work?
sickness time-off canada
edited Oct 30 '12 at 16:20
Elysian Fields♦
96.9k46292449
asked Oct 30 '12 at 16:08
Hoff
1311
closed as off topic by bethlakshmi, pdr, Monica Cellio♦, Oded, Karl Bielefeldt Oct 30 '12 at 21:18
Questions on The Workplace Stack Exchange are expected to relate to the workplace within the scope defined by the community. Consider editing the question or leaving comments for improvement if you believe the question can be reworded to fit within the scope. Read more about reopening questions here. If this question can be reworded to fit the rules in the help center, please edit the question.
7
Hi @Hoff! It looks like you might be new - welcome! This one may not get a lot of feedback, since you are asking "it is legal?" - that's off topic for us, we can't really service legal advise across our international user base. If you wanted to try something like "how could I fix it?", we may be able to help with ideas for negotiation... but as is, I'm voting to close as off topic.
– bethlakshmi
Oct 30 '12 at 17:09
@bethlakshmi Thanks for the welcome. I scoured the entire stack exchange directory and this seemed to the best fit, guess not! Not sure where else I'd post it...
– Hoff
Oct 31 '12 at 1:15
Sadly, I'm not sure you'll find an SE for this. Every SE site I know of shies away from offering legal advise, which should really be given by a lawyer...
– bethlakshmi
Oct 31 '12 at 15:50
Legal advice (or anything that may be interpreted as such) opens the door to liability, which is often why such services cost $$ - they need to be able to handle any possible liability
– user2813274
Aug 4 '14 at 18:24
add a comment |Â
up vote
6
down vote
favorite
up vote
6
down vote
favorite
Lately I have been on sick leave due to an illness that has yet to be diagnosed by doctors. It is procedure at work that after 3 days of being sick, we must be put on short term disability and get a doctor's note. I have had no problem getting them doctor's notes so far, the only thing that bothers me is what they first asked for on the doctor's note.
We have a health & safety department, and what they requested on the first doctor's note was what my symptoms are and why I am unable to return to work. I told my doctor this, and he said they can't legally ask me to supply that information due to confidentiality reasons, which I totally agree with. It doesn't make sense to me that an employer can probe an employee for sensitive information like that. They even mentioned having me come into work and having me assessed by the health & safety department, even though the doctor has excused me from work. I found an article on the web that is for U.S. law, and I'd think the same sort of thing would apply to Canada as well.
Am I wrong to think they can't legally force me into work to probe me with questions I'd rather remain confidential, especially when the doctor has excused me from work?
sickness time-off canada
edited Oct 30 '12 at 16:20
Elysian Fields♦
96.9k46292449
asked Oct 30 '12 at 16:08
Hoff
1311
Lately I have been on sick leave due to an illness that has yet to be diagnosed by doctors. It is procedure at work that after 3 days of being sick, we must be put on short term disability and get a doctor's note. I have had no problem getting them doctor's notes so far, the only thing that bothers me is what they first asked for on the doctor's note.
We have a health & safety department, and what they requested on the first doctor's note was what my symptoms are and why I am unable to return to work. I told my doctor this, and he said they can't legally ask me to supply that information due to confidentiality reasons, which I totally agree with. It doesn't make sense to me that an employer can probe an employee for sensitive information like that. They even mentioned having me come into work and having me assessed by the health & safety department, even though the doctor has excused me from work. I found an article on the web that is for U.S. law, and I'd think the same sort of thing would apply to Canada as well.
Am I wrong to think they can't legally force me into work to probe me with questions I'd rather remain confidential, especially when the doctor has excused me from work?
sickness time-off canada
edited Oct 30 '12 at 16:20
Elysian Fields♦
96.9k46292449
asked Oct 30 '12 at 16:08
Hoff
1311
edited Oct 30 '12 at 16:20
Elysian Fields♦
96.9k46292449
edited Oct 30 '12 at 16:20
Elysian Fields♦
96.9k46292449
edited Oct 30 '12 at 16:20
Elysian Fields♦
96.9k46292449
96.9k46292449
asked Oct 30 '12 at 16:08
Hoff
1311
asked Oct 30 '12 at 16:08
Hoff
1311
asked Oct 30 '12 at 16:08
Hoff
1311
1311
closed as off topic by bethlakshmi, pdr, Monica Cellio♦, Oded, Karl Bielefeldt Oct 30 '12 at 21:18
Questions on The Workplace Stack Exchange are expected to relate to the workplace within the scope defined by the community. Consider editing the question or leaving comments for improvement if you believe the question can be reworded to fit within the scope. Read more about reopening questions here. If this question can be reworded to fit the rules in the help center, please edit the question.
closed as off topic by bethlakshmi, pdr, Monica Cellio♦, Oded, Karl Bielefeldt Oct 30 '12 at 21:18
Questions on The Workplace Stack Exchange are expected to relate to the workplace within the scope defined by the community. Consider editing the question or leaving comments for improvement if you believe the question can be reworded to fit within the scope. Read more about reopening questions here. If this question can be reworded to fit the rules in the help center, please edit the question.
7
Hi @Hoff! It looks like you might be new - welcome! This one may not get a lot of feedback, since you are asking "it is legal?" - that's off topic for us, we can't really service legal advise across our international user base. If you wanted to try something like "how could I fix it?", we may be able to help with ideas for negotiation... but as is, I'm voting to close as off topic.
– bethlakshmi
Oct 30 '12 at 17:09
@bethlakshmi Thanks for the welcome. I scoured the entire stack exchange directory and this seemed to the best fit, guess not! Not sure where else I'd post it...
– Hoff
Oct 31 '12 at 1:15
Sadly, I'm not sure you'll find an SE for this. Every SE site I know of shies away from offering legal advise, which should really be given by a lawyer...
– bethlakshmi
Oct 31 '12 at 15:50
Legal advice (or anything that may be interpreted as such) opens the door to liability, which is often why such services cost $$ - they need to be able to handle any possible liability
– user2813274
Aug 4 '14 at 18:24
add a comment |Â
7
Hi @Hoff! It looks like you might be new - welcome! This one may not get a lot of feedback, since you are asking "it is legal?" - that's off topic for us, we can't really service legal advise across our international user base. If you wanted to try something like "how could I fix it?", we may be able to help with ideas for negotiation... but as is, I'm voting to close as off topic.
– bethlakshmi
Oct 30 '12 at 17:09
@bethlakshmi Thanks for the welcome. I scoured the entire stack exchange directory and this seemed to the best fit, guess not! Not sure where else I'd post it...
– Hoff
Oct 31 '12 at 1:15
Sadly, I'm not sure you'll find an SE for this. Every SE site I know of shies away from offering legal advise, which should really be given by a lawyer...
– bethlakshmi
Oct 31 '12 at 15:50
Legal advice (or anything that may be interpreted as such) opens the door to liability, which is often why such services cost $$ - they need to be able to handle any possible liability
– user2813274
Aug 4 '14 at 18:24
7
7
Hi @Hoff! It looks like you might be new - welcome! This one may not get a lot of feedback, since you are asking "it is legal?" - that's off topic for us, we can't really service legal advise across our international user base. If you wanted to try something like "how could I fix it?", we may be able to help with ideas for negotiation... but as is, I'm voting to close as off topic.
– bethlakshmi
Oct 30 '12 at 17:09
Hi @Hoff! It looks like you might be new - welcome! This one may not get a lot of feedback, since you are asking "it is legal?" - that's off topic for us, we can't really service legal advise across our international user base. If you wanted to try something like "how could I fix it?", we may be able to help with ideas for negotiation... but as is, I'm voting to close as off topic.
– bethlakshmi
Oct 30 '12 at 17:09
@bethlakshmi Thanks for the welcome. I scoured the entire stack exchange directory and this seemed to the best fit, guess not! Not sure where else I'd post it...
– Hoff
Oct 31 '12 at 1:15
@bethlakshmi Thanks for the welcome. I scoured the entire stack exchange directory and this seemed to the best fit, guess not! Not sure where else I'd post it...
– Hoff
Oct 31 '12 at 1:15
Sadly, I'm not sure you'll find an SE for this. Every SE site I know of shies away from offering legal advise, which should really be given by a lawyer...
– bethlakshmi
Oct 31 '12 at 15:50
Sadly, I'm not sure you'll find an SE for this. Every SE site I know of shies away from offering legal advise, which should really be given by a lawyer...
– bethlakshmi
Oct 31 '12 at 15:50
Legal advice (or anything that may be interpreted as such) opens the door to liability, which is often why such services cost $$ - they need to be able to handle any possible liability
– user2813274
Aug 4 '14 at 18:24
Legal advice (or anything that may be interpreted as such) opens the door to liability, which is often why such services cost $$ - they need to be able to handle any possible liability
– user2813274
Aug 4 '14 at 18:24
add a comment |Â
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7
Hi @Hoff! It looks like you might be new - welcome! This one may not get a lot of feedback, since you are asking "it is legal?" - that's off topic for us, we can't really service legal advise across our international user base. If you wanted to try something like "how could I fix it?", we may be able to help with ideas for negotiation... but as is, I'm voting to close as off topic.
– bethlakshmi
Oct 30 '12 at 17:09
@bethlakshmi Thanks for the welcome. I scoured the entire stack exchange directory and this seemed to the best fit, guess not! Not sure where else I'd post it...
– Hoff
Oct 31 '12 at 1:15
Sadly, I'm not sure you'll find an SE for this. Every SE site I know of shies away from offering legal advise, which should really be given by a lawyer...
– bethlakshmi
Oct 31 '12 at 15:50
Legal advice (or anything that may be interpreted as such) opens the door to liability, which is often why such services cost $$ - they need to be able to handle any possible liability
– user2813274
Aug 4 '14 at 18:24