Read your collective agreement to confirm the leave provisions for: 16. What happens when a staff member refuses to undergo an independent medical examination (or agrees to pass on medical information to third parties)? Some cases argue that such a refusal may be an acceptable exception to the „follow now, grieve later“ rule, since violations of a staff member`s right to privacy and confidentiality of medical information cannot be corrected by the complaint procedure. However, a worker must carefully assess how he or she will respond to such an orientation, since a likely response from an employer would be to refuse the benefit used or to take administrative measures such as discharge of a worker from his or her duties. Despite strong precedents for an employee`s privacy, there is no guarantee that a complaint involving the employer`s subsequent action would be successful. In any event, a worker should raise his or her concerns in writing, including the reference to the interest in privacy and the inability to remedy the breach of privacy at a later date. An interesting difference here is that employees do not receive time off for doctor/dentist appointments – they receive a break. The difference is that different forms of leave are governed by collective agreements, while the possibility of granting a break is a matter of employer policy. 17. www.canada.ca/en/treasury-board-secretariat/services/information-notice/time-off-personal-medical-dental-appointments.html. A physician or other licensed physician must not provide information about a patient to an employer or an external physician without the patient`s consent (unless the patient is legally required to do so).
Disclosure without consent would be contrary to the employee`s general right to privacy and confidentiality of medical information, as well as to the legal and regulatory requirements of the health professionals involved. In such cases, a complaint should be filed with the Professional Authority. In the event that the employer uses secure information without the patient`s consent, the worker should endeavour to overturn the decision through the appeal procedure if the information obtained has been used in whole or in part. Departments have the discretion to determine what is considered a paid work break and whether it is a routine or periodic. Interpretation may vary depending on the circumstances of the appointment. (4) Many collective agreements contain a provision that a statement signed by the worker that he or she was unable to perform his duties due to illness or injury must be sufficient to satisfy the employer, unless the employer has informed of other evidence or additional information. If the employer does not inform the worker of the request for further information, the employer is required to accept the return (unless the signed statement can be proven fraudulent). 10. A staff member`s right to privacy and confidentiality of sensitive medical information is generally recognized by law. The employer`s right to obtain a medical certificate or request additional information is limited to the extent that it cannot require information that actually violates an employee`s privacy or confidentiality rights (for example. B a particular diagnosis or normally confidential information).