Requesting an independent medical examination

When information from employee's doctor isn't enough
By Tim Mitchell
|Canadian Employment Law Today|Last Updated: 06/11/2019
credit: Billion Photos/Shutterstock

Question: Are there any legal considerations to not accepting the medical information from an employee’s doctor and requesting an independent medical examination to support an employee’s medical leave?

Answer: Employers are entitled to request medical information to make decisions about accommodating an employee or potential employee or to confirm an employee’s absence for medical reasons. However, there may be situations in which the information provided by an employee’s treating physician appears to be inaccurate or inadequate. In such cases, an employer will often request further and better medical information from the treating physician, and in some circumstances, may request an independent medical examination (IME).

An IME may or may not be appropriate depending on the circumstances: