![]() U.F.C.W., Local 401, honesty and trustworthiness are two fundamental principles to the employment relationship: Providing false doctor’s note to employers can result in serious consequences for the employee, including the imposition of discipline and also dismissal in some cases. What can be the consequences of presenting a false doctor’s note? The reasoning behind this decision was that, since the employer was denied the information he needs to evaluate the employee's prospects for future regular attendance, this can result in eventual termination of the employment contract.īased in this arguments, the board concluded that “ 1) an employer can ask an employee to bring a doctor's note in a non-culpable situation 2) the employee cannot be disciplined for failure to bring such a note but, 3) failure to cooperate may ultimately imperil the employee's job.” However, it was stated that eventual failure to respond to a doctor’s note request may have negative consequences for the employee. and USWA, Local 5885, Re, 1992 CarswellAlta 1062, the board recognized that, based on principles of employee privacy and absent of specific contractual requirement to produce a doctor's note, ”an employee cannot be disciplined for failure to respond to an employer's request for medical information”. Nonetheless, in normal situations, the employer cannot impose any discipline on employees if they are not able to respond to an employer's request for medical information. Its purpose, in most times, is to ensure that a medical problem exists, and also if it would properly be identified and treated. The employer is not allowed to make public any private information about the employee’s medical situation.Ĭan an employer impose discipline on an employee for not producing a doctor’s note to justify an absence?Īs enlightened before, employers have the right to require a doctor’s note to justify an absence from the work by the employee. In the specific case where the employee gives permission to the employer to contact his doctor, this contact should be made in writing.Īlso, it is relevant to note that the information provided by the employee should only be released to staff who need it for a specific purpose. Usually, the employer will be authorized to require general information, in order to certify that the employee is actually sick or to verify if the employee is able to return to work, such as, i) whether the illness is permanent or temporary ii) what types of limitations an employee has and iii) whether a disease or treatment can affect the employee’s ability to perform job duties.įurthermore, excluding limited exceptions, the employer is not entitled to know the employee’s diagnosis or contact the employee’s doctor directly over the phone. The doctor-patient relationship is one of the most private and medical information should receive no broader distribution than is reasonably necessary. “There is a special privacy interest which attaches to medical information. Regarding privacy and the doctor’s note, it was recognized that: , 2007 CarswellAlta 2612, it was expressly stated that privacy is not only one of the values underlying the protections in the Canadian Charter of Rights and Freedoms, but it is also a fundamental Canadian value. #Fake doctors note full#However, employers also have the right to ask for doctor’s note in two common situations: i) when an employee declares that was absent from work due to illness or ii) when an employee is on sick leave and wants to return to work.Įven though it appears to be unequivocal the situations when a doctor’s note can be required for an employee, there are many questions that can arise when the employer is asked to provide a doctor’s note.Ĭan an employer require full disclosure of the employee’s disease?Īs stated by the Alberta Human Rights Commission, employers do not have an unconditional right to full disclosure of the employee's medical situation and, for that reason, the employers should refrain themselves to request information that is clearly irrelevant to the employee's job duties. It is well established in the jurisprudence that employees have the right to maintain privacy regarding their personal medical information. ![]()
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