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If an employer provides an employee with an attending physician's statement to get clarification on a medical note, does the employee's consent or is the consent only needed when contacting the doctor directly? Can an employee be terminated for refusing to provide clarification?
Hello my name is David Vaughan and I am an employment lawyer with Samfiru Tumarkin. The best way to approach this situation is to provide the employee with the form you want the doctor to complete. That way, a consent is not needed given that the employee will be handling the completion of the form directly with his/her doctor. It is possible for an employer to terminate an individual's employment for failing to provide sufficient medical information supporting a leave of absence. However, an employer should not rush this decision and should give the employee ample time to get the necessary documents from their doctor.