Workplace duties revoked, based on a one time medical occurrence.

[andytroz]

Vancouver, BC, Canada.

<Relevant>

My fiancée is a Special Needs worker, who takes care of people with disabilities at a local group home, here in Vancouver, BC. Her job requires her to manage the clients at the house, and to transport them via a company work vehicle to planned activities and appointments.

<History>

My fiancée suffers from frequent headaches, which she is constantly seeking medical attention for. Every time she misses work, she is required to bring a detailed doctor’s note, stating exactly what she was there for, the results of the appointment, along with a plan of action towards a permanent solution.

As of recently, we had been informed by multiple professionals in the hospital Emergency Room, that it is in fact none of their business what goes on at the doctor’s office/hospital, respecting the patient’s privacy rights.

<Event>

On September 29, 2009 at 3:00 PM in the afternoon, my fiancée had experienced a problem with her vision, companied by a serious headache while driving to work, alone and in her own car. She immediately pulled over, off the highway and onto a quiet neighborhood street and shut off the car. She called her workplace and told them that she would not be coming in, as she wisely thought it unsafe to drive after such an event. My fiancée then contacted me to come pick up the car and phoned for an ambulance. She was taken to the Emergency Room in a nearby hospital, where doctors ran a series of tests and completed a MRI to rule out anything that could possibly be life threatening. After extensive testing, a symptom analysis, and a full day of waiting, the doctor concluded by diagnosing her with a common migraine.

<Issue>

On September 30, 2009; the day after the incident, my fiancée had received an e-mail from her workplace. It reads the following:

Due to the ongoing concerns with the headaches, the frequency, severity and sudden onset, you have been having we have come to the conclusion that it may not be safe for you to be driving the clients in any vehicles when you are at work at 1491. We also feel that it may be placing the clients and yourself in an unsafe situation if you are alone with the clients.

Due to these concerns we are instructing you to not drive the van or any vehicles with clients inside and to not be left alone with the clients.
We will be providing you with a letter for the Dr to complete regarding your headaches.

We do not feel that we can change this request until you have been given a complete diagnosis of what the cause of your head aches is.

<Personal Opinion>

This is the first and only time my fiancée has ever experienced this type of episode. Vision impairment is quite a common symptom for people who suffer from migraines, myself included, and it seems unlawful and discriminatory to revoke one’s critical workplace duties, when the said individual is perfectly capable of performing them.

<Question>

Does the workplace have a right to make this conclusion based on a one-time occurrence? And is it legal for the workplace to demand a detailed and private description of what goes on in one’s personal medical file?

[las365]

US Law Only. But there is someone here who is familiar with Canadian employment law, I think, and may be able to provide some info.

As a practical matter,the decision the employer made seems logical and in the interest of the safety of both your girlfriend and the clients.