Can My Employer Call My Doctor?
No — not without your explicit written consent. Under Canadian privacy law, your medical information is protected, and your physician cannot share any information about you with your employer unless you've signed a specific consent form authorizing the disclosure.
The Law Is Clear
| Province | Relevant Law | What It Says |
|---|---|---|
| Ontario | PHIPA (Personal Health Information Protection Act) | Health information cannot be disclosed without patient consent |
| BC | PIPA (Personal Information Protection Act) | Personal information requires consent for collection/disclosure |
| Alberta | HIA (Health Information Act) | Health information is protected; disclosure requires consent |
| Federal | PIPEDA | Personal health information requires consent |
| All provinces | Provincial privacy legislation | Medical records are confidential |
What Your Employer Cannot Do
Without your written consent, your employer CANNOT:
- Call your doctor to verify your sick note
- Contact your doctor to ask about your diagnosis
- Request your medical records
- Ask your doctor how long you'll be off
- Confirm whether you're actually a patient
- Ask about your treatment plan or medications
Your doctor's obligation: Even if your employer calls, your physician is legally prohibited from confirming or denying anything — including whether you're their patient.
What Your Employer CAN Do
Without your consent:
- Verify that the physician exists (public registry check — CPSA, CPSO, etc.)
- Confirm the physician's registration number (public information)
- Ask YOU for additional information (which you may decline to provide)
- Request an Independent Medical Examination (at their expense, for extended absences)
With your written consent:
- Contact your physician for specific information you've authorized
- Obtain a functional abilities assessment
- Discuss return-to-work planning with your treatment team
The Consent Form
If your employer asks you to sign a consent form allowing them to contact your doctor:
You should know:
- You are NOT obligated to sign
- Refusing to sign cannot be grounds for discipline (in most circumstances)
- If you do sign, you can limit the scope (e.g., "confirm dates of absence only")
- You can revoke consent at any time
Read carefully before signing. Some employer consent forms are overly broad, authorizing access to your entire medical history. You can cross out sections and initial the changes.
What If Your Employer Calls Anyway?
If your employer contacts your doctor without your consent:
1. Your doctor should refuse to provide information — this is their legal obligation
2. Document the attempt — note the date, who called, and what was asked
3. File a privacy complaint — with your provincial privacy commissioner
4. Consult an employment lawyer — this may constitute a privacy violation with legal consequences
5. Report to HR — if the call was made by a manager, HR should be informed
The "Verification" Myth
Some employers claim they need to "verify" sick notes. Here's what verification actually means:
Legitimate verification:
- Checking the physician's name against the public medical registry
- Confirming the registration number is valid
- Ensuring the note contains required information
Illegitimate "verification":
- Calling the doctor's office
- Asking the doctor if you were really sick
- Requesting additional medical details
- Asking about your diagnosis or treatment
Frequently Asked Questions
Can my employer ask ME about my diagnosis?
They can ask, but you are not obligated to answer. You only need to confirm that you were unable to work. Your specific diagnosis is private.
What if I'm on long-term disability?
LTD insurers (not your employer) may require medical information. This is governed by your insurance policy and requires your consent. Your employer still cannot access this information directly.
Can my employer require me to see THEIR doctor?
For extended absences or accommodation disputes, they can request an Independent Medical Examination (IME) at their expense. This is different from contacting your personal physician.
What about workers' compensation claims?
WCB/WSIB claims have different rules — the workers' compensation board can access relevant medical information as part of the claims process. But this is the board, not your employer.
Sources
- Personal Health Information Protection Act (PHIPA), Ontario
- Health Information Act (HIA), Alberta
- Personal Information Protection Act (PIPA), BC
- Office of the Privacy Commissioner of Canada
- Canadian Medical Protective Association — Confidentiality Guidelines