doctor’s note
March 23, 2017 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation
The three popular articles this week on HRinfodesk deal with: An employee who was dismissed for not submitting a doctor’s note in a timely fashion; a firefighter who was reinstated after being dismissed for sexually harassing a co–worker; and human rights claims, made by a former employee, that were barred by terms of a final release received on termination.
abuse of process, dismissal without notice, dismissed for just cause, doctor's note, employment law, final release, full and final release, human rights code, sexual harassment, sick leave policy, workplace harassment, wrongful dismissal
December 13, 2016 Stringer LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation
A recent decision from the Ontario Superior Court of Justice confirms that employers are within their rights to require medical notes when employees are absent from work. However, this decision stands as a warning to employers that although they can ask, they may not be able to summarily terminate an employee who fails to comply.
absent without authorization, attendance issues, doctor's note, employee absences, employee compliance, employment law, medical evidence, medical note, notice period, Sinnathamby v The Chesterfield Shop Limited
May 24, 2016 Clear Path Employer Services Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
Employers should deploy a number of strategies to minimize their workers’ compensation related costs. One such strategy is to ensure you have instituted effective Early and Safe Return to Work (RTW) practices and procedures, including making an offer of suitable modified work for those employees who require modified duties a standard procedure.
doctor's note, early and safe return to work, employment law, Functional Abilities Form, suitable modified work, workers compensation, wsib
December 18, 2015 Simon Heath, BA, MIR, LLB, Heath Law Accessibility Standards, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Standard for Employment, Union Relations, Wages and Compensation
In the recent decision, the Ontario Human Rights Tribunal (“OHRT”) addressed the issue of when it would be reasonable for an employer to request an Independent Medical Exam (“IME”) from an employee during the accommodation process. The OHRT ruled that an employer request for an IME will be justified when it was “reasonable” in the circumstances of creating an individualized accommodation plan.
accommodation process, disability leave, doctor's note, doctor’s medical evidence, duty to accommodate, employment law, family doctor, human rights code, IME, Independent Medical Exam, individualized accommodation plan, medical information, policies and procedures
September 10, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation
Three popular articles this week on HRinfodesk deal with changes to employment agreements; consequences of employee comments; and, opinions from non-doctor health and medical professionals.
common law, constructive dismissal, Disciplinary measures, doctor's note, duty to accommodate, employee leaves of absence, employment agreements, employment contracts, employment law, HRinfodesk, medical information, Statutory leaves
January 21, 2015 Devry Smith Frank LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Union Relations
When I was in high school and university, it was not uncommon for a few of my classmates to fall ill during exams or just prior to a major test. When explaining to the teacher the next day why they were not present to write the test, one of the more common responses from the teacher would be, “Bring a doctor’s note.”
accommodation process, discrimination based on disability, doctor's note, duty to accommodate, employee leave of absence, employment law, health difficulties, human rights claim, Human Rights Tribunal of Ontario, illness, medical information, medical leave, undue hardship
November 26, 2014 Adam Gorley Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Privacy and Security, Union Relations, Wages and Compensation
When a health centre updated its sick-leave procedures, it thought it would be making it easier and safer for employees to return to work after an illness. In practice, things played out very differently.
aggressive pursuit of more medical information, delaying pay, doctor's note, employment law, invading employees' privacy, management personnel, manager intervention, policies and procedures, return to work after an illness, Saskatchewan, sick days, sick leave, sick leave policy, sick pay, sick-leave pay, sick-leave procedures, sick-time hours
October 29, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation
On October 29, 2014, three new job-protected leaves come into force under the Ontario Employment Standards Act.
Crime-related child death or disappearance leave, critically ill child care leave, doctor's note, Employment Insurance (EI) special benefits, employment law, employment standards act, Family Caregiver Leave, Family Medical Leave, job-protected leaves, Ontario Ministry of Labour, to provide care or support to a family member with a serious medical condition
January 14, 2014 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
Dr. Scott Wooder, president of the Ontario Medical Association, says employers that require doctor’s notes could be unwittingly increasing the spread of germs by unnecessarily sending sick people to doctors’ offices.
absent from work, absent from work because of illness, collective agreement, doctor's note, employee is sick and unable to work, employment law, flu season, HR Law, Industrial Relations, Labour Law, medical note, OMA, Ontario Medical Association, paid sick leave, Return to work, short-term disability plans, sick credit policy, sick leave, sick leave policy, sick pay, unionized workplaces
January 13, 2014 Alison J. Bird Employee Relations, Employment/Labour Standards, HR Policies and Procedures, HRMS, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits
It can be very difficult to establish cause for dismissal, particularly when the employee has lengthy service with the employer. However, on the right facts, it is possible to do so. MacBurnie v. Halterm Container Terminal Limited Partnership, 2013 NSSC 361, is a recent example of an employer that successfully proved at trial that it had dismissed an employee for cause.
Absences, advance notice of time off, canadian employment law, cause for dismissal, discipline, dismissal for cause, dismissing an employee, doctor's note, Employee absence, employee’s dishonesty, employer conducted surveillance on the employee, employment law, false sick leave, long-service employee, sick leave, surveillance video, termination, terminations, warning the employee
November 3, 2011 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Privacy and Security
Employers are often at a loss as to how to ensure employees who take sick days are really sick and not simply abusing the system. They are often scared to ask for doctor’s notes, but also scared that if they don’t, the abuse will become rampant. I often encourage employers to consider abandoning the notion of sick days altogether, and simply provide a fixed number of “personal days”, which eliminates the implicit or explicit requirement that an individual be sick in order to have time off.
Absenteeism, abusing sick days, act of bad faith, Disability, discrimination, doctor's note, duty to accommodate, employment law, Honda v. Keays, managing absenteeism, personal days, policies and procedures, sick days, sick leave policy, time off to take care of personal responsibilities, vacation
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