In Alberta, employers can request medical information from employees for specific purposes related to employment, such as confirming an absence due to medical reasons, determining fitness to return to work, understanding job-related restrictions, and exploring reasonable accommodations for disabilities.

Employers are entitled to know the nature of the illness to the extent that it affects work duties and the expected duration of absence, but they do not have the right to know the employee’s diagnosis except in very limited circumstances.

What Medical Information Can an Employer Request in Alberta?

Alberta’s regulations on medical information in the workplace strike a balance between an employer’s need to manage their workforce and an employee’s right to privacy.

The Alberta Human Rights Commission provides guidelines on what medical information employers can request and how it should be handled.

Key Points on Medical Information Employers Can Request

• Confirmation of Medical Absence: Employers may ask for documentation confirming that an employee’s absence is for medical reasons and the expected return date.
• Fitness to Work: Upon an employee’s return, employers can require a doctor’s note confirming the employee is fit to resume work and specifying any necessary accommodations.
• Restrictions and Limitations: Information about any restrictions or limitations related to the employee’s ability to perform their job duties is permissible.
• Reasonable Accommodation: To facilitate reasonable accommodation, employers may request details on how an employee’s condition affects their work and what adjustments are needed.

Privacy and Confidentiality

While employers have the right to request certain medical information, there are strict limits to protect employee privacy:

• Employers cannot directly contact an employee’s healthcare provider.
• Medical information must be relevant to the job and cannot include the employee’s diagnosis.
• Any medical information obtained must be kept confidential and only shared with personnel who need it for accommodation or safety reasons.

FAQs on Employer Requests for Medical Information in Alberta

Can an employer in Alberta ask for my entire medical history? No, employers can only request specific information related to your absence, fitness to work, and any accommodations needed.

What if I’m uncomfortable providing the requested medical information? You should provide enough information to substantiate your absence and any need for accommodation.

If privacy is a concern, discuss how the information will be used and protected with your employer.

How should I submit medical information to my employer? Medical information should be provided in writing, directly from your healthcare provider to your employer, ensuring it addresses the employer’s specific questions related to your employment.

Can my employer deny my return to work if I don’t provide the requested medical information? Employers need sufficient information to ensure workplace safety and to provide necessary accommodations.

Failure to provide requested information could delay your return to work.

In Summary

• Employers in Alberta can request specific medical information related to absences, fitness to work, and accommodations but must respect employee privacy.
• Employees are encouraged to provide necessary information to support their medical absences and accommodation needs.
• Both employers and employees should engage in open communication to ensure a smooth process for returning to work or managing medical conditions in the workplace.

Sources

• Alberta Human Rights Commission: Offers guidance on the collection and use of medical information in the workplace. Medical Information – Alberta Human Rights Commission.
• Alberta Civil Liberties Research Centre: Discusses privacy and medical information in the workplace, highlighting employee rights and employer responsibilities. Privacy and Medical Information in the Workplace – ACLRC.
• Getz Collins and Associates: Provides insights into what medical records an employer can request in Alberta and the legal framework surrounding such requests. Can an Employer Ask for Medical Records in Alberta? – Getz Collins and Associates.
• Employment Law BC: Explores the Alberta Human Rights Commission’s stance on medical information requests by employers. Alberta Human Rights Commission – Employment Law BC.