Medical information is highly sensitive, and employees have a right to privacy when it comes to their health and medical history. However, there are circumstances where employers may need access to certain information, including approving requests for medical leave, confirming an employee’s fitness to return to work, assessing an employee’s ability to perform job duties, or fulfilling the duty to accommodate.
In British Columbia, employers must balance their need for relevant medical information with employees’ privacy rights. Understanding what information can reasonably be requested, and when, is important for both employers and employees.
This article outlines when employers can request medical information, what constitutes sufficient documentation, and the limits on what employees may be required to disclose.
When can employers request medical information?
One of the most common circumstances in which employers request medical information is to obtain a doctor’s note confirming that an employee is, or was, unable to work for a period of time.
In fall 2025, the B.C. Employment Standards Act was amended to prohibit employers from requesting notes from healthcare providers for short-term employee absences of five days or fewer. This guidance applies to the first two short-term absences within a calendar year. If an employee takes a third or subsequent short-term absence, employers are permitted to ask for a doctor’s note, although it is not required. Employers should ensure their internal policies clearly outline when medical documentation may be required.
The Act also allows for other types of documentation to serve as sufficient proof of a medical condition when an employer can request it. Sufficient proof for taking a short-term sick leave may include:
- A medication receipt from a pharmacy
- A medical bracelet (e.g., from a hospital emergency ward)
- An accident report, such as in the case of minor injuries incurred in a vehicle collision
These restrictions on doctor’s notes for short-term absences do not apply in the same way to longer-term statutory leaves, such as serious personal illness or injury leave or critical illness or injury leave. Separate requirements may also apply to maternity leave.
Medical information to support long-term leaves
If an employee requests a longer-term leave, such as serious personal illness or injury leave, they are required to provide a certificate from a healthcare provider confirming that they are unable to work for medical reasons. The certificate must generally identify:
- The date the employee became, or is expected to become, unable to work.
- The date the employee is expected to be able to return to work.
The purpose of this documentation is to confirm the employee’s eligibility for leave, rather than provide the employer with a detailed account of their medical condition.
In most circumstances, an employer does not need to know an employee’s specific diagnosis to approve medical leave. Confirmation from a qualified health practitioner that the employee is unable to work, along with the relevant dates, will generally be sufficient for this purpose. However, additional information may be reasonably necessary where an employer must also assess workplace accommodation needs or an employee’s ability to return to their duties safely.
Medical information for workplace accommodations
Another circumstance in which employers may request medical information is when an employee has requested accommodation for a disability, or where an employer has concerns that an employee’s condition may be affecting their ability to perform their duties.
Under the BC Human Rights Code and court decisions, employers have a duty to accommodate employees with disabilities to the point of undue hardship. To fulfill this obligation, employers may need medical information that helps them understand an employee’s functional limitations and determine what accommodations are appropriate.
However, medical information from a healthcare provider is not always required. Depending on the nature of the work and the accommodation requested, some adjustments may be relatively straightforward to implement without the need for additional medical documentation.
In cases where medical information is required, an employer is permitted to request information from the employee’s healthcare provider, but the information must be limited to a description of the employee’s limitations and restrictions, as well as prognosis (e.g. whether the condition is chronic or whether it is expected to resolve at some point in the future, to determine whether accommodations are permanent or temporary).
What medical information can employers request?
In general, information that is considered “reasonable” for an employer to request, or for an employee to provide, is information that is directly pertinent to the employment context and relationship. For example, it will generally be considered “reasonable” for an employer to request information such as:
- Written confirmation that an employee is unable to work for a period of time
- A description of physical limitations as they may pertain to work duties
- Expected or actual start date and end date of a leave, or confirmation that an employee is fit to return to their normal job duties
- A description of workplace accommodations that may be required to support the employee’s functional limitations
The Personal Information Protection Act (PIPA), which came into effect on January 1, 2004, sets out guidance for what information doctors can disclose to employers. Generally, an employer cannot request information that is protected under PIPA. This can include information such as:
- A specific diagnosis
- Medical history, including past conditions or interventions
- Information regarding the severity or prognosis of the condition (beyond a high-level description of the expected duration)
- Health information not related to the leave or accommodation request
Whether you are an employer looking to develop or update your policies on medical documentation or an employee concerned about a request for personal health information, contact the lawyers at Ascent for guidance – we’re here to help!
