As much as possible, the employee's treating medical practitioner should be the primary source of information. In unusual circumstances (for example, if the employee does not have a medical practitioner, or if the medical practitioner is unable to provide sufficient information), consult with Human Resources for the best available options.
Managers must respect the employee's right to privacy throughout this process. Proceed to Protecting privacy.
In pursuing a medical assessment or reassessment, managers should:
Note: Costs for medical certificates (to support leave requests) are not reimbursed.
Once the medical practitioner or service provider has assessed the employee and provided information about limitations, abilities and a possible return-to-work date:
Note: If an employee is receiving workers' compensation or disability insurance plans, the manager can normally obtain this same type of assistance by working with the case manager.
If more information is needed in order to successfully accommodate the employee or to facilitate the return to work:
When you have sufficient medical information, proceed with the accommodation process. Proceed to Accommodation.
In some cases, the employer may request a new medical assessment before an employee returns to work or to support accommodation efforts. New assessments are most often requested because the information available from prior assessments is outdated or not sufficient to support efforts to accommodate the employee.
For assistance in determining whether to request a new medical assessment, managers should ask:
The treating practitioner is best positioned to make an assessment or provide a referral. Alternative mechanisms include a referral by the workers' compensation board, or an assessment by a third-party physician or a regulated health care professional, as agreed to by the employee and employer.
Consult with Human Resources to resolve any questions or concerns.
The purpose of a medical or occupational fitness assessment is to obtain information needed to assist an employee to remain at work or to determine when an employee will be able to return to work, and to obtain information about the abilities, functional limitations and restrictions of the employee in order to provide appropriate accommodation.
A medical assessment can benefit the employee and the employer in a number of ways:
There are limits to what a manager should request and what employees are required to reveal regarding his or her medical situation. Managers are not permitted to ask for a diagnosis or confidential personal health information. They are entitled to information about how the employee's condition will affect the employee's ability to do the job. This may include details about the employee's limitations and abilities in performing normal, modified or alternative job duties and whether the condition is temporary or permanent.
Best practice tip: Employees should be reassured that the standard practice is to keep medical information confidential.
Managers who request a medical assessment or information about limitations from the employee's medical practitioner should consult the regional Finance and Administration Advisor for information on how to process reimbursement in accordance with organizational policy.
The purpose of the fitness-to-work evaluation, provided by Health Canada, is to investigate and determine the ability of an individual to carry out the duties of his or substantive position with or without accommodation. There are obligations for both employers and employees in supporting a fitness-to-work evaluation and the subsequent accommodation of the employee. The employee's explicit and written consent is a requirement for the evaluation. The employer is obliged to explain to the employee why this information is required and how it will be used.
A fitness-to-work evaluation is often undertaken when an employee is returning to work after medical leave and there is concern about fitness for duty. In requesting the evaluation, the employer should focus on how the illness, injury or disability will affect the employee's ability to conduct duties effectively and safely, and what restrictions or limitations might require accommodation for a successful return to work.
Fitness-to-work evaluations can be requested when the employer has reasonable grounds for concerns about safety, or when the employee's actions appear to be affected by health-related factors, even if no medical leave has been taken. A fitness-to-work evaluation can also be requested if an employer is unclear about how to best accommodate an employee's illness, injury or disability. An employer is entitled to seek information from a medical practitioner to ensure that the employee is able to work safely and poses no hazard to himself or herself or to others. The employer is entitled to know what limitations the employee has, how these limitations affect the employee's ability to perform the job, and whether the limitations are likely to be temporary or permanent. The employer is not entitled to know the employee's diagnosis.
With the employee's consent, medical information is normally obtained from the employee's medical practitioner. This information, in conjunction with the detailed job analysis and other relevant information provided by the employee's manager, is provided to the health professional conducting the fitness to work evaluation. This health professional does not provide confidential medical information. Rather, the evaluation tells the employer only what is needed so that the manager can fulfill the duty to accommodate—specifically, information concerning the employee's functional limitations and any other restrictions that need to be accommodated in order for the employee to work safely. If requested, the information can also include suggestions for assisting the employee in the workplace. In situations where the employer has reasonable grounds for concerns about safety, an employee has an obligation to provide fitness-to-work information to the employer when requested. Labour Relations should be consulted if an employee refuses to cooperate and will not provide this information.
Departments and agencies do not request fitness-to-work evaluations from Health Canada when a return-to-work plan has already been developed and is satisfactory to the employee and employer. Referrals are made to Health Canada, with the employee's written consent, when there is not sufficient information from an employee's health practitioner to support either the return to work (with or without modified duties) or a job change.
Health Canada will not conduct fitness-to-work assessments if an individual is receiving workers'compensation, as the workers' compensation boards can provide this service. Health Canada may conduct a fitness-to-work assessment if an employee is receiving DI or PSMIP-LTD benefits.
When a fitness-to-work evaluation may be necessary, contact Human Resources for more information.
Job analysis is the process by which information relative to a specific job, position or occupation is collected, analyzed and interpreted. The purpose of job analysis is to identify specific job requirements and work environment factors that could affect job performance. It is used in assessing the worker's ability as well as to identify reasonable accommodation required for effective job performance. Employers must provide accommodation so that qualified people with disabilities have the opportunity to perform essential job functions. Job analysis is done by an occupational health professional.
Typical functional job requirements include the following: