What Medical Details Employers Should Not Ask For in Alberta
Alberta employers have legitimate reasons to request medical documentation from employees. However, there are clear legal boundaries on what information you can request. Crossing these boundaries can result in privacy complaints (under PIPA), human rights complaints (under the Alberta Human Rights Act), or wrongful dismissal claims.
This guide clarifies what you should never ask for and provides alternatives that give you the information you need while respecting employee privacy.
Information You Cannot Request
Under Alberta privacy and human rights legislation, employers cannot request: the specific medical diagnosis or condition name, detailed treatment plans or medication lists, full medical history or records, information about unrelated health conditions, genetic testing results, mental health treatment details, reproductive health information, or HIV/AIDS status.
- Specific diagnosis or condition name
- Treatment plans or medication lists
- Full medical history or records
- Information about unrelated health conditions
- Genetic testing results
- Mental health treatment details (beyond functional limitations)
- Reproductive health information
- HIV/AIDS status
What You CAN Request Instead
You are entitled to functional information that helps you manage the employment relationship: confirmation of inability to work on specified dates, expected duration of absence, whether the employee can perform essential duties, what specific accommodations are needed, whether the condition is temporary or ongoing, and a review date for reassessment.
Frame your requests around function, not diagnosis. 'Can this employee perform X duty?' is appropriate. 'What disease does this employee have?' is not.
The Privacy Legislation Framework
Alberta's Personal Information Protection Act (PIPA) governs how private-sector employers collect, use, and disclose personal information, including health information. Under PIPA, you can only collect personal information that is reasonable for the purpose. Medical diagnosis is rarely 'reasonable' for attendance management purposes.
Public-sector employers are governed by FOIP (Freedom of Information and Protection of Privacy Act), which has similar restrictions.
Consequences of Overreaching
Requesting prohibited medical information can result in: a complaint to the Office of the Information and Privacy Commissioner, a human rights complaint alleging discrimination based on disability, a constructive dismissal claim if the employee feels their privacy was violated, damage to workplace culture and employee trust, and legal costs defending against complaints.
Best Practice: The Functional Abilities Form
Instead of asking 'what's wrong?', provide a functional abilities form that asks the physician to indicate what the employee can and cannot do. This gives you the operational information you need without requiring diagnosis disclosure. Many employers use standardized forms that list job duties and ask the physician to indicate which ones the employee can perform.
Frequently Asked Questions
Can I ask why an employee is off sick?
You can ask for confirmation that they are unable to work due to a medical reason, but you cannot require them to disclose the specific condition or diagnosis.
What if I need to know for safety reasons?
In safety-sensitive roles, you may be entitled to more functional information (e.g., 'Is this employee safe to operate heavy machinery?'), but you still cannot require diagnosis disclosure. Frame questions around safety-relevant functions.
Can I ask if a condition is contagious?
In roles involving food handling, patient care, or close contact, you may ask whether the employee poses a transmission risk. However, you cannot ask what the specific illness is.
What if the employee voluntarily shares their diagnosis?
If an employee voluntarily shares medical information, you should not record it in their personnel file or share it with others. Treat it as confidential.
This page provides general information about Alberta privacy and human rights legislation. It is not legal advice. For specific situations, consult with an employment lawyer or contact the Office of the Information and Privacy Commissioner of Alberta.
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