Requesting medical information to accommodate employees
Employers have a duty to accommodate that is governed by human rights legislation. The goal of workplace accommodation is to ensure that employees who can work may do so and are not unfairly excluded if working conditions can be adjusted without undue hardship. This means that, as an employer, you must accommodate an employee in a way that removes barriers to ensure equal opportunities, access, and benefits. To fulfil this obligation, you may need to request medical information from the employee if it’s related to the employee’s protected characteristic, such as a disability.
Among other practices, workplace accommodation supports diversity, equity, inclusion, and belonging efforts. But addressing a requested accommodation may require specific medical documentation: often more than just a doctor’s note. Let’s go over medical documentation and your responsibilities as an employer in more detail.
What is the duty to accommodate?
Your duty to accommodate has two components:
- The procedural duty to accommodate (the process itself); and
- The substantive duty to accommodate (the measures implemented to meet the employee’s needs).
Failure to fulfil either component can lead to liability for you
Failing to fulfil either component of the duty to accommodate could lead to liability under applicable human rights legislation. This liability could be in the form of financial penalties or even a legal claim against you. In a unionized workplace, unions take an active role in the accommodation process, sharing joint responsibility with the employer to facilitate and support accommodation measures regardless of collective agreements, unless to do so would create undue hardship.
What is undue hardship?
The duty to accommodate applies to the point of undue hardship. Some degree of hardship is expected, but the threshold of “undue” is based on several factors that vary among jurisdictions. If an accommodation request reaches the threshold, you may claim that you cannot provide the accommodation.
If you claim undue hardship, you must prove such hardship exists by providing facts, figures, and scientific data or expert opinion to support the claim. Some employers assume that workplace accommodation is too costly to implement without investigating further. Statements without supporting evidence or based on speculation are insufficient proof of undue hardship.
Accepting requests in good faith
When an employee requests accommodation, the employer (and union representative, where applicable) should accept the request in good faith unless there are legitimate reasons for acting otherwise. This means accepting the request for accommodation at face value unless there is a legitimate reason where you would need to inquire further. A legitimate reason might include circumstances where clarification of the request or additional information is required in order to understand the employee’s limitations to perform their job duties. If appropriate, get expert advice to learn how to address unclear requests.
What do I need in order to meet an accommodation request?
You must have enough information to allow you to meet your duty to accommodate. For example, the type of information that you may generally require an employee to provide to support a request for accommodation based on a disability includes:
- That the employee has a disability or medical need;
- The employee’s limitations or needs in the context of their job requirements;
- Whether they can perform the essential duties of the job, with or without accommodation;
- The recommended accommodation that will allow them to perform the job’s essential duties; and
- Regular updates about when they expect to come back to work if they are on leave.
Generally, you do not have the right to know:
- The cause of the disability
- The specific medical diagnosis
- Details of medical treatments.
How and when should I request medical information?
Employers may receive medical documentation that gives too little information to help the accommodation discussion. For example, traditional prescription pad notes may not provide enough information or clarity for you to properly conduct an accommodation review. The procedural duty to accommodate is triggered regardless, and whether more information is required will depend on the specifics of the note.
Where the medical documentation provides little direction about the employee’s needs, you may request additional relevant information. This is a collaborative process involving you (the employer), the employee, and the healthcare provider. As best practice, you should bear the cost of any required medical information or documentation, including doctors’ notes, functional abilities assessments, or other documentation you request from an employee.
What information can I request?
The information you request from the medical provider must:
- Be requested to help you understand the link between the medical needs and the requested accommodation; and
- Reasonably relate to the nature of the limitation or restriction of job requirements and to the employee’s request for accommodation.
Functional abilities assessments
A functional physical or cognitive abilities form is the most effective communication tool for workplace parties. It’s completed by the treating healthcare professional and provides you and the employee with a common frame of reference about their functional, physical and cognitive abilities in the context of their role. You should consider using this type of document as a starting point when requesting medical documentation from the employee, and ensure a copy of the employee’s job description is included to provide insight on the requirements of the job. The intention is to collect an appropriate level of detail from a healthcare professional reflecting medical evidence supporting any physical or cognitive capabilities and restrictions.
You might receive a functional abilities form or other medical document where the information is unclear, confusing, or otherwise incomplete. Remember that you are entitled to request reasonable medical information to facilitate an accommodation review. Seek to clarify the medical documentation provided or pose additional questions. Be simple and concise. Provide your questions as a cover letter with a copy of the original documents, and have the employee take it to their provider for completion. Be clear on the requirement to have this information returned to you in a reasonable time. Keep in mind, though, that employees do not set their doctor’s schedules.
Employer limitations
As an employer, you are not expected to diagnose illnesses and associated restrictions, nor to presume what the medical provider is recommending. You are also not entitled to substitute your own opinion for that of the medical documentation provided by a doctor. Similarly, you must not ask for more medical information than necessary because you doubt the employee’s disclosure of their disability based on your own assumption of how a specific disability “should” affect the employee.
Employers have a duty to accommodate employees to ensure workplaces are accessible to all and that no employee is unfairly excluded. As an employer, you may request reasonable and relevant medical documentation to support an accommodation, but there are limitations to be aware of. Where a workplace accommodation request is clearly understood, you must accommodate up to the point of “undue hardship.”
Have questions about workplace accommodation?
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