What Medical Information Can Employers Request?
Gretel Uretezuela2025-11-13T12:36:44-04:00Medical information in the workplace is a sensitive subject. Employees often worry about their privacy, while employers must balance the need for medical details to manage workplace safety or accommodate health conditions.
Common questions in B.C. include:
- Can my boss ask for a diagnosis?
- What medical information can an employer request?
- What are the rules for doctors’ notes in B.C.?
This article explains when employers in British Columbia can request medical information under the Personal Information Protection Act (PIPA), the Human Rights Code, and the Employment Standards Act (ESA).
⚖️ Important
As of November 12, 2025, employers in British Columbia can no longer require a sick note for the first two instances in a calendar year where a worker is absent due to illness or injury for five consecutive days or fewer.
Medical Privacy in the Workplace in BC
In B.C., employee medical privacy is protected primarily by PIPA, which governs how private-sector employers collect, use, and store personal information. The Human Rights Code also applies, especially when an employee seeks accommodation for a disability or medical condition.
Under these laws, employers must meet the “reasonable and necessary” test.
They can only collect medical information if:
- The request is connected to managing the employment relationship.
- The purpose is reasonable, such as confirming fitness for work or supporting accommodation.
- Information is limited to what is truly necessary.
Employers in B.C. cannot collect medical details out of curiosity, speculation, or for unrelated purposes.
What Medical Information Can an Employer Request?
Employers are allowed to request certain information, but the scope is limited. For example:
- Doctor’s notes confirming inability to work: Employers may request a medical note stating that the employee cannot work for a period of time.
- Functional limitations: Employers can ask about what tasks an employee can or cannot perform, without asking for a diagnosis.
- Expected recovery timelines: Employers may request an estimated timeframe for restrictions or absences.
Example: If an employee in B.C. requests modified duties due to a back injury, the employer can ask for confirmation of lifting restrictions, but cannot demand the exact medical diagnosis.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Balancing privacy with workplace needs can be challenging, employees have the right to keep their medical details confidential, and employers have a duty to ensure legitimate accommodation requests are supported. Before taking action, it’s best to consult an employment lawyer to avoid costly misunderstandings.”
What Employers Cannot Ask For
Some information is off-limits under B.C. law.
Employers generally cannot:
- Request a diagnosis or full medical records unless it is necessary.
- Demand unrelated personal health information.
- Make excessive or repeated requests for doctor’s notes that are not reasonable.
These limits ensure employees keep control over their medical privacy while still giving employers the information they need to meet health and safety obligations.
Doctor’s Notes in BC: What You Need to Know
Under the Employment Standards Act, employers can request medical documentation for absences, but the request must be reasonable. A simple confirmation of illness or functional limitations is usually enough.
Employers cannot demand unnecessary detail about an employee’s condition. This protects employees from having to disclose sensitive diagnoses while still allowing employers to verify absences and manage workplace duties.
Who Can See Your Medical Information?
Under PIPA, access to medical information must be strictly limited. Typically, only HR staff or managers directly involved in the accommodation process should have access.
- Medical notes should not be shared with co-workers or supervisors not involved in the process.
- They must never be shared with outside parties without the employee’s consent.
Improper disclosure can result in privacy complaints before the Office of the Information and Privacy Commissioner for B.C.
How Employers Must Store Health Information
Employers must handle employee medical records carefully.
Best practices include:
- Storing health information separately from personnel files.
- Limiting access to authorized staff only.
- Keeping medical documentation only as long as necessary under PIPA.
Example: If a doctor’s note supports temporary accommodation, it should not be retained indefinitely once that accommodation ends.
Why This Matters for Employees in BC
For employees, these rules mean you have the right to medical privacy in the workplace. You only need to provide information about your ability to work, not a diagnosis. If your employer requests too much information, you may have grounds for a privacy complaint under PIPA or a human rights claim.
What Employers in BC Should Do
Employers must tread carefully when dealing with employee medical information.
To avoid breaching privacy laws:
- Ask only for information that is reasonable and necessary.
- Request functional ability details, not diagnoses.
- Restrict access to designated staff.
- Store all medical documentation securely and delete it when no longer required.
- Train managers and HR on privacy obligations under PIPA.
Final Thoughts
In B.C., employers can only request medical information when it is reasonable, necessary, and directly related to workplace duties or accommodation. Employees do not need to disclose diagnoses, and employers must safeguard all health-related details.
Contact Achkar Law for Medical Privacy and Employment Advice
Workplace privacy disputes can escalate quickly, and mistakes around medical information often lead to human rights complaints, privacy investigations, or costly lawsuits.
Whether you’re an employee concerned about an invasive request or an employer trying to stay compliant, experienced guidance can save you time, money, and stress.
How Achkar Law Can Help
At Achkar Law, we help both employees and employers in British Columbia understand their rights and obligations around medical information in the workplace.
Our team provides legal support with:
- Privacy policies under PIPA
Doctor’s note disputes and sick leave requests
Human rights accommodation for medical conditions
Responding to privacy complaints or investigations
Protecting medical privacy while maintaining workplace safety requires a careful balance, and our lawyers can help you navigate these complex rules with confidence.
If you’re unsure about what your employer can ask or if you believe your privacy has been violated, getting legal advice early can help you protect your rights and avoid costly mistakes.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©