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Friday, January 28, 2022

Private Medical Information

When do I need to tell my employer why I’m off sick?

There’s been a lot of talk in the last year about private medical information. On one hand, we usually encourage employees that if they take a sick day and are asked why, they should not need to justify if they are sick or provide details.

On the other, an employer has certain rights. For example, an employer has a right to ask for a doctor’s note. Some collective agreements have specific language about when a sick note can be requested, but an employer can normally request a note anytime they want to request medical verification of the need for sick time.

Why? An employer must plan for staffing in both the short and long term, and they also watch that employees are using sick time appropriately.

But an employer should not ask for more medical information than they need. If you are asking for accommodation or have been away from work for a long period of time, they will likely need more details than if you were only away for a week.

Why? Employers also have a responsibility to ensure that you are safe and healthy when you are at work. They may request your doctor tell them how long you will be away from work, that you are participating in treatment/recovery, and how to best return to work and work duties. For example, if you have hurt your back, the employer needs to ensure that you are fit for duty when you return, and if you have limitations or restrictions to what you can do, that they have explored all reasonable options for you.

Personal Health Information Act (PHIA)

In Manitoba, PHIA is often referenced. This legislation provides guidelines for how personal health information is collected, used, and stored by trustees and also how you can access it.

What is a trustee? They are the persons and organizations who are bound by the act. They are called trustees because they hold information in trust (e.g., hospitals, ambulance services, regional health authorities, and public bodies including school divisions).

PHIA gives you two primary rights:

  1. The right to access your own personal health information (view it, get a copy of it, request correction to it)
  2. The right to expect that the privacy of that information will be protected (to know why your information is being collected, and the right to have that information kept confidential and secure by trustees who collect and maintain it)