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Forum: Community
Hi There,
I was wondering if I could get some clarity on the below from one of your policy templates
”VERIFICATION OF NEED TO TAKE LEAVE
ABC company reserves the right to require employees to provide documentation or other reasonable verification of their need to take leave. However, no employee will be asked or required to furnish a doctor’s note or medical certificate of the need for leave.”
What other proof example could be deemed as reasonable verification?Thanks,
Ivona
Hi,
This is from the Infectious Disease Emergency Leave, Section 9
“Proof of entitlement
An employer may require an employee to provide evidence reasonable in the circumstances at a time that is reasonable in the circumstances that the employee is eligible for unpaid infectious disease emergency leave and/or paid infectious disease emergency leave. However, employers cannot require an employee to provide a certificate from a physician or nurse as evidence. Employers are not prohibited under the ESA from requiring medical notes in the context of issues such as return-to-work situations or for accommodation purposes.
What is considered reasonable in the circumstances will depend on all the facts of the situation, such as:- the duration of the leave
- whether there is a pattern of absences
- whether any evidence is available and the cost of the evidence
If it is reasonable in the circumstances, evidence may take many forms, such as:
- a copy of the information issued to the public by a public health official advising of quarantine or isolation (for example, a print out, screen shot or recording of the information)
- a copy of an order to isolate that was issued to the employee under section 22 or section 35 of the Health Protection and Promotion Act
- an email from a pharmacy or from a public health department indicating the employee’s appointment date and time to receive a COVID‑19 vaccination
Employers can only require the evidence at a time that is reasonable in the circumstances. What is considered reasonable in the circumstances will depend on all of the facts of the situation.”
Hope this helps!
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