How Employers Can Request Medical Documentation in Alberta
Requesting medical documentation from employees is a common and legitimate business practice in Alberta. However, how you make the request matters. An improperly worded request can violate privacy legislation, trigger a human rights complaint, or damage the employment relationship.
This guide provides a step-by-step approach to requesting medical documentation that protects your organization while respecting employee rights.
Step 1: Have a Written Policy
Before requesting documentation from any individual employee, you should have a written attendance management policy that clearly states when documentation is required. This policy should be communicated to all employees and applied consistently.
A typical policy might state: 'Employees absent for 3 or more consecutive scheduled shifts due to illness or injury may be required to provide medical documentation confirming their inability to work and/or their fitness to return.'
Step 2: Make the Request Appropriately
When requesting documentation, be specific about what you need without overreaching. Appropriate requests include: 'Please provide a note from your physician confirming you were unable to work on [dates]' or 'Please provide a return-to-work clearance from your physician before resuming duties.'
Inappropriate requests include: 'Tell me what's wrong with you' or 'I need to know your diagnosis' or 'Provide your full medical records.'
Step 3: Accept Valid Documentation
You must accept documentation from any licensed physician, including virtual/telemedicine providers. You cannot require the employee to see a specific doctor or visit a specific clinic. CPSA-registered physicians providing documentation through telemedicine services (like MedLetter) produce legally valid documentation.
Step 4: Handle Documentation Properly
Medical documentation must be stored separately from the employee's general personnel file (privacy requirement under PIPA). Only individuals with a legitimate need to know should have access. Do not share medical information with coworkers, other managers, or anyone without a business need.
Step 5: Do Not Retaliate
An employee who takes legitimate medical leave and provides appropriate documentation is protected from retaliation under Alberta employment standards and human rights legislation. Discipline, demotion, or termination related to legitimate medical absences can result in significant legal liability.
Frequently Asked Questions
Can I require documentation for a one-day absence?
Yes, if your policy specifies this and it is applied consistently. However, best practice is to reserve documentation requirements for absences of 3+ days to avoid unnecessary burden.
Can I specify what the note must say?
You can request specific information (dates of absence, fitness to return, restrictions), but you cannot require diagnosis disclosure or treatment details.
What if the employee refuses to provide documentation?
If your policy requires it and the request is reasonable, you may apply your attendance management policy. However, consult with HR or legal counsel before taking disciplinary action.
Who pays for the documentation?
This depends on your policy and the situation. Many employers cover the cost, especially if they are the ones requiring it. Some collective agreements address this specifically.
This page provides general information about Alberta employment practices. It is not legal advice. For specific situations, consult with an employment lawyer or contact Alberta Employment Standards.
Learn About Our Services