I recently participated in a Q&A session where the audience was given the chance to present tricky HR related scenarios to the panel. One of the questions related to a situation where an employer had received a medical note from an employee saying they needed to be off work, but with no other details and no return date.
This is a common scenario, and it often leaves employers in a difficult position, wondering if they must accept the note as is or if they can request additional information. Similarly, employees are often unsure whether they have an obligation to respond when their employer asks follow up questions and how much information they are required to share.
In Ontario, an employer must take disability-related accommodation seriously and assess the employee’s circumstances. A short note may confirm a need for time away, but leave important questions unanswered. The next step is a respectful conversation about what information is needed to consider the employee’s leave and any other appropriate accommodation.
Accommodation is a Collaborative Process
When responding to a vague medical note, both employers and employees must keep in mind that workplace accommodation is a two-way street. Under human rights legislation, accommodation is a collaborative process that requires the active, good-faith participation of both parties. While an employer has a duty to accommodate an employee to the point of undue hardship, the employee has a corresponding duty to cooperate in that process. At the outset, the employee’s role is to provide the employer with sufficient, reliable information to allow the employer to properly assess what accommodation options—such as modified duties, altered hours, or a structured leave—may be feasible.
What Information is an Employer Entitled to Receive?
An employer can generally ask for medical information relevant to accommodation, including whether the employee can work at all, any work-related restrictions or limitations, whether they are temporary or ongoing, their expected duration if known, and when they should be reassessed. If the return date cannot yet be estimated, a date for the next medical update can help everyone plan.
A diagnosis is generally not required to assess workplace accommodation. Requests should be limited to what is reasonably necessary and handled confidentially.
Using Functional Abilities Forms and Job-Specific Questions
Employers should ask targeted, objective questions focused directly on job functions. A highly effective tool for gathering the necessary information is a Functional Abilities Form (“FAF“).
An employer can provide the employee with a FAF alongside a copy of their job description or a list of physical and cognitive job demands, and ask the employee to have their treating healthcare provider complete it. By asking specific questions regarding capabilities—such as lifting limits, sitting or standing duration, computer use, or exposure to environmental stressors—the employer can obtain clear guidance on what duties the employee can safely perform, or what specific obstacles prevent their return to work. The answers may point to continued leave, modified duties or another arrangement. They may also show that more information is needed.
Avoid Knee-Jerk Refusals and Assumptions
When faced with an uninformative medical note, employers must exercise caution. Automatically refusing an accommodation request or penalizing an employee simply because their initial doctor’s note lacks detail is inconsistent with an employer’s procedural duty to accommodate.
Similarly, employers should never make unverified assumptions about what an employee can or cannot do based on minimal information. The proper approach is to treat the initial note as the beginning of an ongoing dialogue, clearly communicating to the employee what additional medical information is required, explaining why it is needed, and providing them with a reasonable opportunity to obtain it from their doctor.
We Can Help
Navigating the accommodation process can be challenging for both employers and employees. Whether you are an employer seeking guidance on how to respond to a request for accommodation, or an employee looking to understand your rights and obligations, we can help—contact us today.
The post Navigating Requests for Accommodation: How to Address Basic Medical Notes appeared first on Rudner Law – Employment Lawyers.