When it comes to medical and personal leave, even well-meaning employers can unknowingly cross a legal line. This case study shows how a growing Toronto business made a costly misstep—and how Achkar Law helped set things right. 

The Company and the Challenge

• Business Name: Virexa Solutions
• Industry: Technology Services
• Location: Toronto, Ontario
• Legal Challenge: The employer misunderstood the new requirements for requesting medical information for sick leave, compassionate care leave, and pregnancy leave, leading to potential legal exposure

The Situation at a Glance

Virexa Solutions, a Toronto-based technology company owned by Zain, had always operated with a small, close-knit team. The company prided itself on being flexible with employees, but as the business grew, so did the complexity of managing leaves. 

One morning, Aisha, a senior developer, emailed Zain to say she needed time off due to a serious medical condition. She mentioned that she would provide a doctor’s note, but when Zain received it, the note simply stated that she was unable to work for an indefinite period, without providing further detail. 

At the same time, another employee, Devanshi, requested compassionate care leave to care for a critically ill parent, and Wei, a finance associate, informed Zain that she would soon require pregnancy leave. Feeling overwhelmed, Zain asked all three employees to provide detailed medical records to justify their leaves. 

Zain believed he was simply being thorough, but within a week, he received a formal complaint from Aisha, stating that he had asked for excessive medical information beyond what was legally required. Concerned he had overstepped, Zain contacted Achkar Law for guidance. 

Where Things Went Wrong

After reviewing the case, we found that Zain had good intentions—but had unknowingly violated privacy rights and Ontario’s Employment Standards Act (ESA): 

❌ Requested More Medical Information Than Allowed 

Employers are not entitled to a diagnosis or detailed medical records. They may only request basic information such as confirmation of medical leave, expected duration, and any accommodations needed.

❌ Did Not Differentiate Between Leave Types

Each type of leave—medical, compassionate care, and pregnancy—has its own rules. Applying the same documentation standard to all of them created unnecessary risk.

❌ Risked a Human Rights Complaint

Aisha could have filed a claim with the Human Rights Tribunal of Ontario, alleging discrimination on the basis of disability.

What Zain thought was reasonable due diligence turned out to be a legal misstep. 

How Achkar Law Helped

Once Zain contacted us, we worked quickly to mitigate risk and improve internal practices: 

✅ Responding to Aisha’s Complaint

We helped Zain craft a professional response, assuring Aisha that no further information would be requested and that the company was updating its leave procedures. 

✅ Clarifying Legal Boundaries for Leave Requests 

We provided detailed guidance on what employers may request based on the type of leave:

• Medical Leave: Confirmation of leave, expected duration, and any required accommodations—no diagnosis needed. 
• Compassionate Care Leave: Proof that the employee is caring for a critically ill relative—no personal medical details. 
• Pregnancy Leave: No medical note required unless there’s a request for accommodation or early leave. 

✅ Updating Leave Policies 

We worked with Zain to draft a compliant, easy-to-follow leave policy outlining acceptable documentation standards for each leave type. 

✅ Training for Leadership and HR 

We conducted a short training session for Zain and his management team to reinforce the rules around medical privacy and employer obligations under Ontario law.

Lessons for Employers

• Medical Privacy Rules Are Strict – Employers cannot request diagnoses or medical records. Only limited, relevant information may be requested. 

• Each Leave Has Different Legal Standards – Employers must understand the differences in how sick leave, compassionate care leave, and pregnancy leave are treated. 

• Privacy Violations Carry Legal Risk – Even well-meaning mistakes can lead to complaints, legal costs, and reputational damage. 

Zain thought he was protecting his business—but without realizing it, he was creating unnecessary risk. With Achkar Law’s help, his business now has clear policies, informed leadership, and a better understanding of Ontario’s evolving workplace laws. 

Are Your Leave Policies Putting You at Risk? 

If your organization is managing employee leave, it’s important to understand what you can—and cannot—ask for.

Let Achkar Law help you create policies that protect your business and respect employee rights. 

This case study represents a real-world legal issue based on actual matters handled by Achkar Law. Names and certain details have been changed to protect privacy while maintaining the accuracy of the legal principles involved.