Question: What Medical Information Can An Employer Request Ontario?

What medical information can an employer request Canada?

For the most part, an employer is not entitled to the diagnosis but can ask about:the expected length of disability and absence (prognosis for recovery);whether it is a temporary or permanent absence; and.other information, such as work restrictions, to assist with accommodating a returning employee..

Can HR ask personal questions?

As an employer, you are not allowed to ask about an individual’s past or present personal health, including operations, hospital visits, or doctor’s appointments. You also need to avoid any questions about mental health, disabilities, and anything else related to the mental and physical status of the employee.

Can I sue my employer for disclosing medical information?

There are a number of federal laws that protect against the disclosure of employee medical information in the workplace. … Depending on the situation, the employee in question could file a federal complaint and seek compensation for damages through a civil lawsuit.

Is it illegal to ask someone what their medical condition is?

Due to HIPAA, and the Fourth Amendment, we will not ask you about your condition.” … You can ask – or be asked – why not, without violating the Health Insurance Portability and Accountability Act, known as HIPAA, or the Fourth or Fifth Amendments to the U.S. Constitution.

Can you refuse to work on Sundays in Ontario?

If an employee has agreed to work on Sundays, whether or not the agreement was made when they were hired, the employee can later decline to work on a Sunday by giving the employer at least 48 hours’ notice before the employee’s work was to begin.

Employment Discrimination on the Basis of a Medical Condition. It is illegal under both federal and state laws to discriminate against an employee based on his or her medical condition with regard to employment decisions. These decisions include hiring, firing, promoting, demoting, training and job assignments.

What is the 3 hour rule in Ontario?

There is a “three-hour rule” providing that, when an employee who regularly works more than 3 hours a day is required to report to work but works less than 3 hours, he/she must be paid the higher of: 3 hours at the minimum wage, or. the employee’s regular wage for the time worked.

Why do employers ask for medical history?

Employers can ask questions that help them to determine if they need to make reasonable adjustments. This might include an adapted working environment, or additional flexibility. … An employer can ask about a medical condition if it’s thought that the condition might affect the employee’s ability to do their job.

Can a company ask for your medical history?

Your employer can ask you for a doctor’s note or other health information if they need the information for sick leave, workers’ compensation, wellness programs, or health insurance. … Generally, the Privacy Rule applies to the disclosures made by your health care provider, not the questions your employer may ask.

Can an employer ask why you are sick Ontario?

Contrary to what you may have heard, the new law doesn’t mean an employer can never ask for medical information. Employers who provide more than the minimum number of sick days might be able to make reasonable requests for doctor’s notes to support time off beyond the 10-day minimum.

Do I have to disclose my medical condition to my employer Canada?

The employer needs to know how the employee’s condition affects their work. The employee does not have to disclose information about the diagnosis, the history of the illness or its treatment. It’s also okay for an employer to ask an employee or applicant to provide supporting documentation from a health care provider.

Do employers look at mental health history?

An employer can even request access to an incoming employee’s mental health records, but only if the employer makes the same request of all incoming employees. Failure to treat all incoming employees the same could lead to a claim of discrimination.

Why do employers need medical records?

Why an employer might want to obtain an employee’s medical information? There are reasonable circumstances in which an employer may want to find out the medical condition of a current or prospective employee. These are: for a pre-employment check where health or physical ability is a relevant factor for the job.

What medical questions can my employer ask?

Once a person is hired and has started work, an employer generally can only ask medical questions or require a medical exam if the employer needs medical documentation to support an employee’s request for an accommodation or if the employer has reason to believe an employee would not be able to perform a job …

Do you have to disclose medical condition to employer?

By law, employers cannot ask about medical conditions before offering somebody a job, but they can after one has been accepted if they ask the same questions of every incoming employee, Kuczynski says. The law also says employers can’t retaliate against someone who discloses a condition after an offer.

Are employers allowed to ask for a doctor’s note in Ontario?

According to the Ontario Ministry of Labour, Training and Skills Development, employers can reasonably request “a copy of a medical certificate relating to the employee’s family caregiver, family medical or critical illness leave.” They can also reasonably ask for evidence for other types of leave, as long as it isn’t …