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"Disability Management Compliance"

Jurisdiction: - Alberta

Three Calgary lawyers at Gowlings - David Corry, Loretta Bouwmeester and Chris Sabat - have prepared a a 48-page overview of the key legal considerations for employers in "Disability Management Compliance". The Table of Contents is as follows:

COMMON LAW

  • Innocent Absenteeism
  • Medical Versus Permanent Disability

DISABILITY BENEFITS AND TERMINATION OF EMPLOYMENT WORKERS' COMPENSATION

OTHER BENEFITS

  • Deductibility of Workers' Compensation Payments
  • Deductibility of Disability Benefits

HUMAN RIGHTS LEGISLATION

THE DUTY TO ACCOMMODATE

UNION EMPLOYEES

  • Frustration of Contract in a Unionized Setting
  • Excessive Absenteeism in a Unionized Setting
  • Impact of Human Rights Legislation in a Unionized Setting
  • Attendance Management Programs in a Unionized Setting
  • Mental Health Disability in a Unionized Setting

SUMMARY AND PRACTICAL CONSIDERATIONS

FITNESS TO RESUME EMPLOYMENT - UNION AND NON-UNION SETTING

MISUSE OF SICK LEAVE AND SURVEILLANCE EVIDENCE

DOCTORS' CERTIFICATES AND MEDICALS - PRIVACY ISSUES

VIOLATION OF PRIVACY CASES - HANDLING OF MEDICAL INFORMATION

  • PIPEDA Case Summary #2003-235
  • PIPEDA Case Summary #2003-257
  • PIPEDA Case Summary #2003-233
  • PIPEDA Case Summary #2007-383

NON-VIOLATION OF PRIVACY CASES

  • PIPEDA Case Summary #2004-284
  • PIPEDA Case Summary #2003-118 and #2003-120
  • PIPEDA Case Summary #2003-119

SUMMARY OF PRIVACY CONSIDERATIONS