Obtaining and Responding To Medical Information In The Workplace

The Alberta Human Rights Commission is pleased to announce the publication of the revised human rights guide: Obtaining and Responding to Medical Information in the Workplace. This guide provides clear information for employers, employees, unions, and physicians about their roles and responsibilities in gathering reasonable medical information in disability, injury, or illness situations. We encourage you to share this resource with employers and businesses in your membership.

In this human rights guide:

Employers will find guidance on requesting reasonable medical information from employees regarding absences due to illness and medical ability to work.Employees will learn what types of medical information employers can reasonably request in these situations.Unions will find direction for both their role as employers and in supporting their members, including the types of medical information that may be requested.Physicians will gain access to practical, easy-to-use medical absence and medical ability to work forms that can be adapted for practice, as well as clarity on the information employers require.

The updated Obtaining and Responding to Medical Information in the Workplace guide provides a comprehensive discussion of key human rights issues, outlining legal principles, citing case law, and offering practical information. It highlights medical information issues related to medical absences and an employee’s medical ability to work. The updated version replaces the 2013 edition and reflects amendments to the Alberta Human Rights Act (2015 and 2018), current case law, including new Alberta decisions; and the Commission’s policies and guidelines in effect at the time of revision.

The guide includes a Sample Medical Absence Form and a Sample Medical Ability to Work Form, available both within the guide and as standalone resources.

You can find Obtaining and Responding to Medical Information in the Workplace, along with all other Commission human rights guides, in the Resources section of our website.