What is the legal test for an employer to accept a medical certificate that states that a grievor must work telework?
Canada (Federal), Canada
The following excerpt is from Diks v. Treasury Board (Correctional Service of Canada), 2019 FPSLREB 3 (CanLII):
50 The procedural aspect of the duty to accommodate requires the employer to obtain all relevant information about the grievor’s disability, according to the PSLRB in Panacci v. Treasury Board (Canada Border Services Agency), 2011 PSLRB 2 at para. 86. The first medical certificate that the grievor provided never mentioned the telework requirement, but the employer accepted it as sufficient to agree that telework was the required accommodation, based on the grievor’s request.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a medical officer employed by a municipal jail or state prison act "under color of state law" when they provide medical care to prisoners? (MultiRegion, United States of America)
What is the current state of the law on medical malpractice in the context of a medical opinion between a prisoner and prison medical authorities regarding treatment? (MultiRegion, United States of America)
What are the substantive and procedural safeguards that must be adhered to when the state seeks to involuntarily medicate state prisoners with long-term psychotropic medications? (MultiRegion, United States of America)
Does a Secretary of State have to accept a recommendation made by the Governor on behalf of the State of California under section 19 of the California Constitution? (MultiRegion, United States of America)
Is the panel’s decision that a Minister of Justice should not be allowed to appoint a Minister for Employment and Immigration (e.g. Minister of Work and Pensions) to the Minister of Employment and Training (Employment), or is the panel's decision patently unreasonable? (Canada (Federal), Canada)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
Is there any case law where the medical director or medical council was 'subjectively aware' of a serious medical need and failed to respond? (MultiRegion, United States of America)
What is the current state of the law on medical malpractice in medical malpractices? (MultiRegion, United States of America)
Can an employer force an employee to produce a medical certificate every time they fail to meet a certain threshold? (Canada (Federal), Canada)
Does the state have to show conscience-shocking behavior on the part of the state when it takes into custody an individual who has not been treated for medical reasons? (MultiRegion, United States of America)
