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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My physician advised me to take two weeks off from work

Customer Question

My physician advised me to take two weeks off from work yesterday as I have been suffering from work related anxiety and also prescribed some medication at that time. She advised me to get the form from my employer and then she would fill it out over the weekend (this is when she said she completes them) and it ready for me by Monday (her office will call). I went into my occ health office and requested the short term disability (form I was given) form explaining that my physician wanted me off for the weeks and that I would have it back to them by Monday. I also phoned my manager to relay the same information.
My first question is there was an authorization section on the form that asked if I authorized the occ health dept to contact my physician about my diagnosis do I have to give them authorization to do that?
Second question occ health contacted me today to discuss my diagnosis do I have to have any contact with them prior to my doctors prescribed return to work in two weeks.
Getting the impression they are trying to harass me back to work early as this has been the employers practice in the past.
Submitted: 6 months ago.
Category: Canada Law
Expert:  Legal Ease replied 6 months ago.

Are you in a union?

What does occ stand for? Is it occupational?

Customer: replied 6 months ago.
I am in a union but there is no info in collective agreement on thisYes, occupational health
Expert:  Legal Ease replied 6 months ago.

The union has to protect you so if you are denied the leave and your doctor has shown the employer that you need it then you have to turn to your union who has to help you.

The employer is not entitled to know the diagnosis or any confidential medical information. The employer does have to know what you can do, what you cannot do, when it is safe to you and others for you to work and when it is not.

So you can sign the form stating that the employer's staff can speak to your doctor but you can tell your doctor that they are not permitted to give the diagnosis but just the prognosis in terms of when it is expected you can work and make it clear you cannot work now and also explain if any accommodations may be needed when you return.

You can tell the employer that you cannot speak to anyone now as you are too ill and will do so upon your return.

If they threaten disciplinary action then contact your union.

Expert:  Legal Ease replied 6 months ago.

It is likely that the police will say this is a civil manner though you can certainly make a report to them. The fact is that you did have a reasonable expectation of privacy.

It is also unlawful to threaten you so if he is doing that you can call the police.

It is possible the police will also tell him he cannot post the photos but if not then you will need to retain a lawyer and have the lawyer send him a letter threatening a restraining order and a lawsuit for damages if he posts the photos.

So, I suggest you call the police at once and ask for some help and if that doesn't appear that it will help see a lawyer at once.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or
***-***-**** in Calgary

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