All individuals have a right to privacy.
When the administration of a collective agreement requires a verification of a health condition for purposes of sick leave, long-term disability or other policies, employers shall rely in the first instance on the opinion of the employee’s health professional. The health professional, in turn, shall restrict the opinion to whether the health status of the employee is such that the employee is unable to return to work, and if so, for what anticipated duration.
In cases where an accommodation is sought by an employee, expert consultants shall similarly restrict their opinions to the need and appropriateness of the proposed accommodation. Employers shall not request nor shall health professionals provide the details of an individual health condition beyond that needed to ensure appropriate accommodation.
Any health professional providing an independent second opinion under the terms of a collective agreement shall similarly restrict that opinion to the existence of a health condition.
The employer shall ensure that any external health insurer shall comply with the standards set out in Schedule I of the
Personal Information Protection and Electronic Documents Act or relevant provincial legislation.
Approved by the CAUT Council, November 2004;
Editorial revisions, September 2010.