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Medical Information

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by

Carmela Allevato

on 19 July 2016

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Transcript of Medical Information

Medical Information
Union Obligations
Union Rights
Conclusion
The Fundamentals
Useful case law
Surrey School District v BCTF (Return to work & Duty to accommodate)
Useful case law
Surrey School District v CUPE Local 728 (District Medical Certificate Grievance)
Employer requests
where the CA is silent
Must be reasonable

Must achieve the proper balance between employer and employee interests

Must be assessed in light of all of the circumstances
Useful case law
Surrey School District v BCTF (Partial Medical Leaves)

Employee consent
Privacy Matters
“Confidentiality of medical records is a basic right to human dignity”
“The doctor-patient relationship is one of the most private and medical information should receive no broader distribution than is reasonably necessary"
Employee Rights
Employee Obligations
Employer Obligations
1. Provide sick leave
Employer Rights
Achieving the right balance
Increasing amount of disclosure
1- day
absence
prolonged
absence
return to
work
temporary
accommodation
permanent
accommodation
Employer is generally entitled to know:
Employer is generally NOT entitled to know:
Specific diagnosis
Details of the treatment plan

unless this degree of disclosure is warranted in the circumstances.
2000 CanLII 29352
D. Munroe, Arbitrator
2010 CanLII 81700
J. Korbin, Arbitrator
[2006] BCCAAA No 47
S. Lanyon, Arbitrator
Read the collective agreement!
Strike a balance between employee privacy and employer's legitimate interests
Employee must cooperate with reasonable information requests
Employer is not entitled to more than is necessary to fulfill its obligations
ALWAYS READ
THE COLLECTIVE AGREEMENT!
RULE #1
All parties have rights and obligations
Balance competing interests
Protection of privacy
6. Respect employee privacy
2. Allow employee to return to work if fit
3. Provide a safe workplace for all
4. Inquire
5. Accommodate disability to the point of
undue hardship
1. Know that employee is genuinely sick
6. Balance its legitimate business interests
with employee privacy rights
2. Know that employee is fit to return
3. Know that employee will not cause injury
to self or others
4. Know that accommodation is required
5. Sufficient medical info to fashion an
accommodation
1. Receive sick leave and other collective
agreement benefits
2. Not be disciplined if absent
3. Return to work when fit
4. Disability accommodation
5. Privacy
1. Provide proof of entitlement to sick leave
or other benefits
2. Explain absence
3. Provide proof of fitness to return
4. Provide sufficient information and
cooperate in accommodation
5. Disclose private information as
reasonably necessary
1. Represent members
2. Accommodate members' disabilities to
the point of undue hardship
3. Protect members' privacy
1. Members' cooperation to facilitate
representation
2. Sufficient medical information for
accommodation
3. Members' consent to use medical
information for representation
How long is the leave?
Anything suspicious about the absence?
Employee returning from lengthy or unusual illness?
Accommodation required?
Minimally intrusive into employee privacy?
Employee consent required to communicate directly
IME: not independent if only employer chooses
Employee is/was under care of a doctor
Employee is following care plan
Prospects for and date of return to work
Modifications required to return to or remain at work
Content by Carmela Allevato and Susanna Quail
Presentation created by Susanna Quail
Quail Worth & Allevato
(c) 2015
This presentation is for general information only
and does not constitute legal advice.

General nature of the illness
Full transcript