Fit for duty

[Angele Lalonde]

#98181

Forum: Private

Hi,
What are the employer’s rights around Fit for duty. An employee who was off sick for nearly two months, then provided a note from doctor (as part of return to work procedure) attesting they were fit for duty. However, in the following weeks, employee revealed that they were undergoing treatments at home (lives near work and would leave during the day for the treatments) which left them feeling ill – so there have been continued absences. Employee is a teacher in a specialized program with high expectations and little relief staff to step in at last minute which is seriously jeopardizing the delivery of the service. recently employee revealed a serious family situation unfolding – Can we again ask for a fit for duty from the attending physician for the medical issue and also one from a family doctor related to the serious family stress? We want to be supportive but we also have a duty to deliver the program that people have paid for.

[Haley O’Halloran]

#98182

Yes. An employer has the right to request updated fit-for-duty information when circumstances change. Even though the employee initially provided a return-to-work note, the later disclosure of ongoing treatments and continued absences means the original confirmation may no longer reflect their current ability to reliably perform the essential duties of the role.

You can ask the attending physician for functional information, not a diagnosis. This includes whether the employee can work full duties consistently, whether restrictions or accommodations are needed, how long limitations may last, and whether there is a predictable pattern to absences or treatment needs—especially in a specialized teaching role with limited coverage.

The “serious family situation” requires more care. Family stress alone is not automatically a medical issue, so you generally should not request a medical fit-for-duty note unless the employee is claiming a medical impairment or requesting accommodation on that basis. However, family status obligations can trigger accommodation duties, and you may request reasonable documentation confirming the need for accommodation without asking for private details.

A supportive and defensible approach is to meet with the employee, clarify whether accommodation is being requested for medical reasons, family responsibilities, or both, and request updated documentation accordingly. At the same time, you may set clear expectations about attendance and operational needs, since accommodation is required only to the point of undue hardship and does not require the employer to absorb ongoing unpredictability that jeopardizes program delivery.

-HRInsider Staff

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