In our previous blog on mental health in the workplace, we looked at the distinction between mental illness and ordinary stress and anxiety. We’ll now turn our attention to ways employers should approach their duty to accommodate employees with mental disabilities.
Is an employer's request for medical documentation after an employee's illness in keeping with the Human Rights Code ("Code")? The following case examines whether or not it is a breach of the Code for an employer to request medical documentation as a condition of returning an employee to work.
The recent admission of a large number of new health professions to those recognized in the Ontario Regulated Health Professions Act, which governs who can provide medical services in Ontario, raises fresh questions for employers as to what they should do with medical documentation from health care or medical practitioners who are not traditional doctors. Must they be given the same weight as doctor’s notes or letters? Do they need to be given any consideration at all?