Can You Tell Me: What Personal Medical Information is the Employer Entitled to Receive?
Sick leave can be a stressful and confusing time, and members may be unsure what information they need to share with the employer. Understanding what personal medical information the employer can request is important for protecting medical privacy and helps navigate both short and long-duration sick leave confidently. The details of the right to medical privacy are outlined in our respective Collective Agreements through Article 15.6 at The University of Winnipeg and 17.2 at the University of Manitoba.
For brief sick leave absences, members may be required to provide some basic information. The employer can ask about the general nature of the illness, but typically not the specific medical diagnosis or detailed treatment information. Examples of this distinction might include reporting a “mental health issue” as opposed to “anxiety and depression,” or “respiratory illness” as opposed to “bronchitis.” They can also ask about the length of the absence and the expected date of return. This information can help the employer plan operations and staffing while still considering the member’s privacy.
Extended sick leave absences may require sharing more information. As with shorter leaves, the employer can request a prognosis for return and a general description of the condition. Additionally, they may ask further questions to explore potential support and accommodation. This often comes in the form of a medical questionnaire to be provided to the member’s medical practitioner. The Collective Agreement entitles the employer to some information for the administration of sick leave, coming from Article 17.4 (UM) and 15.6 (UW). Requests for information will depend on the individual circumstances and should be evaluated on a case-by-case basis.
The purpose of these types of questions is not to pry into private medical details, but rather to help the employer better understand the condition and any limitations it imposes. It is important for the member to cooperate with the process in these scenarios. Failure to furnish necessary medical information could result in undesirable consequences, as per Article 17.4 (UM) and 15.6.3 (UW). The additional information not only helps the employer to plan temporary adjustments in their operation, but also to provide necessary accommodations and ensure a safe, supported return.
Members should know that they do not have to navigate these questions on their own. Please contact the AESES Business Office if you are unsure whether a question from the employer related to medical information or sick leave is appropriate. We are able to clarify your rights to privacy and help balance that right what information the employer can request.