Ask the ExpertMedical Leave Accommodation – New Brunswick
hri_Admin Staff asked 12 months ago

We have an employee who has had a medical accommodation to drop a shift bi-weekly for the past 6 months.  The medical note expired on Aug 3rd but the employee is only scheduled to see the doctor in September.  The last note was to extend the first 3 month accommodation and says “require the patient not work any more than 9 shift bi-weekly for the next 3 months.  Will reassess this in 3 months.  We feel that the employee is currently no longer on an accommodation due to the medical note has expired.  Do we have the right to expect them to work their regular 10 shifts until they submit a medical saying otherwise?

1 Answers
hri_Admin Staff answered 12 months ago

I don’t think I totally understand the situation. What was the date of the last note requesting the 3-month accommodation extension? If you’re suggesting that it was more than 3 months ago, then, yes, the justification for the accommodation has expired. That doesn’t necessarily mean the NEED for the accommodation has expired. What’s required is a revised evaluation based on the current circumstances. You need to get back into communication with the employee and do the reassessment.
If the doctor’s note was more recent than 3 months ago, then it would still seem to apply. Again, I’m just not exactly sure what the situation is. Feel free to follow up.