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Disclosure of medical information

By Stringer LLP | 3 Minutes Read September 4, 2015

Court finds abandonment for failure to return to work or provide medical

Disability management is a challenging issue for HR professionals. An employee with a disability may require an extended absence from work due to their medical condition. Where an employer provides disability benefits, the employee will be required to show that they meet the definition of disability under the insurance policy, which will require the disclosure of medical information.

Article by Stringer LLP / Accessibility Standards, Employee Relations, Human Rights, Payroll, Privacy, Union Relations / abandonment, absence from work due to medical condition, Betts v IBM Canada Ltd., Disability benefits, disability management, Disclosure of medical information, duty to accommodate, employee had abandoned his employment, employee with a disability, employment law, Failure to provide medical information, failure to return to work, HR professionals, reasonable medical information to substantiate an absence

By Christina Catenacci, BA, LLB, LLM, Ph.D. | 4 Minutes Read March 6, 2012

What’s reasonable when assessing an employee’s fitness to return to work?

When an employee refused to disclose any medical details prior to returning to work following a leave of absence due to mental disability, the employer was left without the necessary knowledge to determine her fitness to return to her pre-disability leave position and if accommodation was required...

Article by Christina Catenacci, BA, LLB, LLM, Ph.D. / Employee Relations, Human Rights, Privacy, Union Relations / accommodation, collective agreement, confidential information, cooperate during accommodation, Disability, Disclosure of medical information, duty to accommodate, employment law, fitness to return to work, functional limitations, human rights code, independent medical review, invasion of privacy, Jones v. Tsige, mental disability, Ontario Labour Arbitration Board, undue hardship

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