Workplace Accommodation – Employee not providing medical documentation

[Trisha Drew]

#98158

Forum: Private

Hello, we have an employee on an accommodation (in Ontario) who at our request provides Functional Abilities Forms (FAF) to support the accommodation. Those forms have continually stated ‘surgery to fix the issue’. I recently became aware from his manager that the employee did have surgery in January and I reached out to him for a new FAF as his medical status had changed. He stated he would provide it before the end of January. We have not received a new FAF, and I reached out today asking for status with a reminder to him of his responsibilities to provide updated FAF when his medical status changes. Noting to him that these updates (from him) ensure that we can maintain appropriate and accurate accommodations for him. We continually have to remind him of his responsibility to cooperate in this accommodation process. I am reaching out to you to ask if there is anything else we should be doing or noting to him regarding the accommodation process and hopefully guiding him back to full duties. Thank you for any insight you can provide.

[Haley O’Halloran]

#98159

In Ontario, the duty to accommodate is a shared process. While the employer must explore and implement reasonable accommodations, the employee also has a duty to cooperate, which includes providing timely and appropriate medical information (such as an updated Functional Abilities Form) when their medical status changes. Since you’ve learned the employee had surgery in January, it is reasonable and appropriate to request an updated FAF because their functional restrictions may have changed and you need accurate information to maintain a safe and appropriate accommodation.

You are entitled to request updated information about functional limitations and abilities, including restrictions, what tasks can/cannot be performed, expected duration, and whether limitations are temporary or permanent. You should avoid requesting diagnosis or treatment details. Given the employee’s pattern of delayed cooperation, it is appropriate to move from informal reminders to a clear written expectation with a firm deadline for submission (e.g., within 7 calendar days), including a request that the employee notify you immediately if there are delays.

Your communication should also include that, without updated medical information, the organization may not be able to continue, adjust, or verify the current accommodation. You can keep this non-disciplinary in tone while still making expectations clear. To remove barriers and show good faith, offer to send the FAF directly to the clinician, accept an interim medical note while the FAF is pending, and provide job demands information if needed.

To support the goal of returning the employee to full duties, consider shifting the focus from ongoing accommodation to a structured return-to-work plan with milestones and regular review dates (every 2–4 weeks). If the information continues to be vague, inconsistent, or not updated despite significant medical events, it may also be appropriate (with careful consideration and possible legal review) to explore whether an independent medical examination is justified.

Finally, ensure your documentation is thorough: track all requests for updated FAFs, deadlines provided, employee commitments, missed deadlines, and the impact on your ability to provide safe accommodation. This will strengthen your position if the matter escalates into a dispute or requires more formal action due to continued failure to cooperate in the accommodation process.

I hope this helps!
-HRInsider Staff

[Trisha Drew]

#98160

Excellent, thank you Haley, this guidance is immensely helpful and appreciated!

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