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  • Conner Lantz
    Keymaster
    Post count: 4836

    Can an employee refuse to get a functional capabilities form filled out so we can determine if there is work we could have them doing? We have an employee who refuses and simply provides generic doctors notes saying they can’t be at work a month at a time.

    Conner Lantz
    Keymaster
    Post count: 4836

    That’s not quite my understanding. First, we need to clarify the context.
    1. Sick Leave. Under ESA Sec. 50(6), an employer may require an employee who takes leave  to “provide evidence reasonable in the circumstances that the employee is entitled to the leave”
    2. IDEL: For Infectious Disease Emergency Leave, Sec.50.1(4.1) says employer require employee “to provide evidence reasonable in the circumstances, at a time that is reasonable in the circumstances, that the employee is entitled to the leave, but shall not require an employee to provide a certificate from a qualified health practitioner as evidence.”
    I don’t know where the 2-days off rule comes from, but I’m not of anything supporting it, at least in Ontario.

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