Medical information is some of the most personal data belonging to an individual. If, however, you are ill or injured and need to request leave or accommodation, you will need to share medical information with SFU. So how much should you share and how can you ensure that your medical information stays private?

 

In BC, employers can legally request and access medical information if necessary to confirm the need for benefits and accommodation. In 2013 the Supreme Court determined that an employer only needs the minimum amount of health information to understand the requirements of an employee's accommodation [1]. The information needed depends on the scope of the illness/injury and the accommodation in question. Once a verified medical need is established, employers have a duty to accommodate [2]. (Please see our past Advocacy Corner on Human Rights, for additional information).

 

The current process at SFU involves employees submitting the nature of the illness to claim sick leave benefits. Once HR establishes a need for accommodation, the Return to Work/Disability Management Office (RTW) works with the employee and their employee group to implement accommodative measures. SFU has accommodated conditions such as parking stall grants, ergonomics, modified work schedules and changes to duties.

 

Once RTW has your medical information, they are responsible for its protection and security per the Freedom of Information and Protection of Privacy Act (FOIPA)[3]. Medical documentation at SFU must be accessed and housed in compliance with FOIPA to reduce security risks and protect employees.

 

If you are uncertain about providing information to RTW or you feel that your medical privacy has been breached, call APSA to discuss your options.

 

So how can you balance disclosing your medical information and your medical privacy?

  1. Ask RTW exactly how much medical information they need and give them only that information. If they need to contact your physician, ask what medical information needs to be provided and speak to your doctor about is required to send to RTW.
  2. Ask RTW about how they will keep your medical information secure and private.
  3. Your medical documentation does not need to be sent to your supervisor directly. Once you've spoken to RTW and APSA, you can email rtwdm@sfu.ca. We do encourage you to inform your supervisor that the information has been sent to RTW.
  4. Maintain secure copies of your personal medical documentation for safe-keeping.

 

If you would like to learn more, contact APSA. All our conversations are confidential.

 

Resources

[1] https://www.canlii.org/en/ca/scc/doc/2013/2013scc62/2013scc62.html
[2] https://www.chrc-ccdp.gc.ca/eng/content/what-duty-accommodate
[3] http://www.bclaws.ca/Recon/document/ID/freeside/96165_00