medical information
January 31, 2020 Occasional Contributors Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources,
In cases where an employer suspects that an employee suffers from a mental illness that may be affecting their performance at work, the employer has a duty to inquire.
accommodation policies, discipline, duty to inquire, medical information, Mental illness, mental illness accommodation
August 22, 2017 Stringer LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits
Ontario’s Divisional Court recently confirmed that employers have a right to ask employees to undergo an Independent Medical Examination (IME) in certain circumstances, to facilitate the accommodation process.
accommodation, duty to accommodate, employment law, Failure to accommodate, independent medical examination, medical information, Return to work, workers compensation
February 23, 2017 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation
The three popular articles this week on HRinfodesk deal with: Employers seeking to change an employee’s terms and conditions of employment; OHRC guidelines on medical information and disability-related accommodation; CRA Income Tax Folio S4-F2-C2, Business Use of Home Expenses.
accommodate disability, Business Use of Home Expenses, Disability, employee with a disability, employment agreement, employment contract, employment law, medical information, medical note
May 10, 2016 Doug MacLeod, MacLeod Law Firm Accessibility Standards, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Penalties and Fines, Standard for Employment, Training and Development, Union Relations
In a recent case, an adjudicator concluded that an employer failed to accommodate an employee on long-term disability who requested that she be permitted to work in a different work location than a co-worker for mental health reasons.
Accessibility for Ontarians with Disabilities Act, accommodating disabled employees, accommodation plan, Disability, duty to accommodate, employment contract, employment law, individual accommodation plan, medical information, mental health, Relocation, Transfer
February 29, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Union Relations
When dealing with requests for accommodation, employee absenteeism and other medical circumstances, employers are routinely faced with the challenge of balancing employee privacy interests against the operational interests of the business when determining how much medical information and what kind of medical information employers can request. The analysis typically centres on the issue of what is reasonable in the circumstances, with diagnostic information being considered to be a clear delineation point as to what employers may request and not request. At the Canadian Senate in January, the question of the protection personal health information took on a new angle, centering around an individual’s right to privacy in respect of their personal genetic information.
balancing employee privacy interests, Bill S 201 An Act to prohibit and prevent genetic discrimination, bona fide occupational requirement, Canadian Coalition for Genetic Fairness, disclosure of genetic testing results, DNA, duty to accommodate, Genetic discrimination, genetic testing, Genome project, medical information, personal genetic information, protection of personal health information
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
February 25, 2015 Clear Path Employer Services Health and Safety, Human Resources, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Wages and Compensation
Most employers know that WSIB-related costs can be very expensive. However, not everyone knows about cost relief programs offered by the Board. We asked Anna Aceto-Guerin for some insights into successfully acquiring SIEF cost relief.
accident, employment law, hire workers with previous injuries or disabilities, medical evidence, medical information, NEER savings, Ontario Workplace Safety and Insurance Appeals Tribunal, pre-existing condition, reducing your WSIB costs, right medical records, Secondary Injury Enhancement Fund, severity of accident, SIEF, SIEF cost relief, third party independent medical opinions, work-related disability, workers compensation, wsib, WSIB claims management, WSIB policy
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
May 22, 2013 Stringer LLP Employee Relations, Health and Safety, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation
In Thompson v. 1552754 Ontario Inc., the applicant was employed as a counter person at the respondent’s coffee shop. The applicant alleged discrimination based on disability when her employer refused to allow her to return to work after a three day absence. The employer would not allow the applicant to return to work without providing it with specific medical clearance that she had returned to her “prior state” of health.
called in sick, damages for lost wages, discrimination, discrimination based on disability, duty to accommodate, employment law, epilepsy condition, feelings and self-respect, hours of work had aggravated her disability, human rights code, human rights tribunal, injury to her dignity, medical clearance, medical information, off work sick, request for medical information, Return to work, safety related concerns, seizure at work, three day absence, workplace accommodation, WSIB obligations
April 16, 2013 Simon Heath, BA, MIR, LLB, Heath Law Accessibility Standards, Employee Relations, Health and Safety, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Standard for Employment, Wages and Compensation
In the recent decision Fair and Hamilton-Wentworth District School Board, the Ontario Human Rights Tribunal provides a useful guide for employers to follow in determining how to return an employee to the workplace after an extended absence.
breach of the Code, comparable job, damages for injury to dignity, depression, duty to accommodate, employee was to be reinstated into a suitable position, employee’s need for accommodation, employment law, extended absence, feelings, Human rights complaint, leave of absence, long-term disability benefits, lost wages, LTD, medical evidence, medical information, not open to accommodating the Applicant, occupational health and safety act, Ontario Human Rights Tribunal, Ontario Teachers Insurance Plan, OSHA, personal liability, post-traumatic stress disorder, pre-injury position, reinstatement, return an employee to the workplace after an extended absence, Return to work, school board, self-respect, total wage loss
December 13, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Source Deductions and Reporting, Standard for Employment
The three most popular HRinfodesk articles this week deal with managing short-term absences, what’s new for payroll 2013, and alleged termination for expressing religious and political views.
2012 T4/RL year-end process, Absences, Can the employer discipline or terminate the employee, Disciplinary measures, employee payroll records, employment law, end of year, expressing religious and political views, HRinfodesk, insubordination, managing absenteeism, medical information, payroll 2013, political view, religious view, short-term absences, short-term disability, termination
September 17, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Employee Relations, Human Resources, Human Rights, Recruiting and Hiring, Standard for Employment
On Thursday, September 13, 2012, the Ontario Human Rights Commission (OHRC) released Minds That Matter: Report on the consultation on human rights, mental health and addictions, which is the result of what they heard from the consultation across the province and sets out a number of key recommendations and commitments to address human rights issues that affect people with mental health disabilities or addictions.
accessibility, AODA, Disability, discrimination, employment law, exclusion, harassment, marginalization, medical information, mental health and addictions, mental health disabilities or addictions, Minds That Matter: Report on the consultation on human rights, OHRC, Ontario human rights commission
September 6, 2012 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
In recent years, employers seem to be struggling with “missing employees” that provide vague doctors’ notes and then disappear, assuming their job is safe. What can employers do? Do you have the right to ask for medical information? Can they dismiss the employee if they don’t provide proper justification for their absence?
abuse of sick leave, accommodated with modified duties, accommodation, accommodation options, Employees with disabilities, employment law, employment relationship, Functional Abilities Form, get out of work free cards, Human rights complaint, job description, Labour Law, medical documentation, medical information, proper justification for absence, Return to work, sick leave, termination of the employment relationship, time off
HI Barry, Given the Emergency Order in Ontario, and the introduction of Ontario Regulation 73/20 would not those actions relieve against the ESA 13 week... – Apr 02, 4:55 PM
We are splitting the total number of employees into two groups - on a weekly rotation basis. One group is coming one week and another... – Mar 25, 5:13 PM
