Reduced schedule to medical reasons

[Rebecca Brick]

#97490

Forum: Private

Hello,

I have an employee who provided a very vague doctors note to support a medical leave of absence in July. When he returned at the end of July, his note indicated a reduced schedule 3 days in office, 2 days off for several weeks. This schedule has been extended, and he just provided another note requesting the “reduced schedule due to illness” for an additional 12 weeks. As the employer, Can I ask him to have his physician complete a functional capacity form or provide more details supporting the need for the reduced schedule? Or do I need to accept the note and continue to accommodate the schedule?

Thank you!

[Haley O’Halloran]

#97492

In British Columbia, this situation involves two overlapping obligations:

The Employment Standards Act (ESA) – which covers basic leave entitlements, and

The BC Human Rights Code (HRC) – which requires employers to accommodate disabilities to the point of undue hardship.

Because your employee’s reduced schedule is due to “illness,” this likely falls under the duty to accommodate a medical condition or disability under the Human Rights Code — not just ESA sick leave rules.

Medical Information: What You Can Request

You can ask for additional medical information, but there are limits — you’re entitled only to information necessary to understand the employee’s functional abilities and restrictions, not their diagnosis or specific treatment.

It’s reasonable and legally defensible to ask for clarification when:

-The doctor’s note is vague (“reduced schedule due to illness” with no details);
-The accommodation has been extended multiple times;
-You need information to plan work scheduling or ensure safe return-to-work.

You may request a functional abilities or capacity form (sometimes called a “fitness for work” or “return-to-work” form) if:

-You frame it as necessary to understand what work the employee can safely perform; and
-You do not ask for diagnosis or unrelated personal health information.

What You Can Ask For (Examples)

You can reasonably request that the doctor provide:

-The employee’s functional limitations (e.g., number of hours per day/week the employee can work, lifting restrictions, stamina, concentration limits, etc.);
-The expected duration of these restrictions or accommodations;
-Whether the limitations are temporary or permanent;
-Whether there are specific work duties or conditions that should be avoided.

A Functional Abilities Form (FAF) is an appropriate tool for this — the BC Human Rights Tribunal has upheld employers’ right to use such forms when accommodations extend or affect operational needs.

What You Cannot Ask For

You cannot request:
-The exact diagnosis or underlying medical condition;
-Details of treatment or medication;
-Irrelevant personal medical history.

Best Practices

-Acknowledge the updated medical note and confirm the temporary accommodation continues.

-Explain to the employee (in writing, politely) that you need additional information to ensure the accommodation remains appropriate and sustainable.

-Provide a Functional Abilities or Fitness-to-Work Form for their physician to complete.

-Keep communication open and confidential — remind the employee that the purpose is to support their health and successful return to full duties.

Sample Wording to Request More Information

“Thank you for providing your physician’s note extending your reduced schedule. To ensure we can continue to accommodate you appropriately and maintain operational needs, we require some additional information about your current functional abilities and work restrictions.

Attached is a functional abilities form for your physician to complete. This will help us understand what work you can safely perform and what accommodations remain necessary. Please return the completed form by [reasonable deadline, e.g. one week].”

If the Employee Refuses

If the employee or physician refuses to provide functional information:

-Document your request and their response;
-Continue the current accommodation temporarily.

If insufficient information persists, you may (after fair effort) pause or modify the accommodation if you cannot verify ongoing need — but only after seeking legal or HR counsel.

-HRInsider Staff

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