“Employees don’t have to tell an employer that they have ADHD or depression – whatever the condition is,” she says. “But the functional limitations to your job duties, those can be documented.”
They have the right to request further detail, but the execution must be handled with precision. Zaman recommends that employers respond with a formal request for more information, ideally using a functional abilities form.
Without that detail, employers are left in limbo, unable to accommodate effectively and vulnerable to legal action. That risk includes allegations of discrimination or constructive dismissal, she says.
“If they don’t know what the functional limitations are, they’re not really able to consider the options for accommodation properly, and that’s actually a risk for the employer as well,” she says.
Employers confused by recent legislative guidance around sick notes may also be misapplying rules. In Ontario, for instance, employers generally can’t require doctor’s notes for the three-day ESA sick leave, but this exemption doesn’t extend to longer or recurring absences. But the law still allows employers to request reasonable evidence, especially when the leave stretches beyond a few days.