Brief Overview:
Initiating a Follow-Up Independent Medical Examination (IME) as an employer in Calgary, Canada requires understanding the necessary steps and guidelines. To initiate a follow-up IME, employers need to follow specific processes while adhering to the jurisdiction’s regulations and requirements.
Answer to the Question with 5 Supporting Facts:
To initiate a follow-up IME as an employer in Calgary, consider the following facts:
1. Determine the Need: Employers should first assess whether there is a justifiable reason for conducting a follow-up IME based on relevant medical information or concerns regarding an employee’s condition.
2. Review Employment Contract and Policies: Examine employment contracts and policies to ensure there are provisions allowing for follow-up IMEs when required.
3. Inform Employee: Notify the employee in writing about the intention of initiating a follow-up IME, including reasons behind it along with details about who will conduct it.
4. Schedule Appointment: Coordinate with reputable healthcare providers who specialize in performing independent assessments and schedule an appointment suitable for both parties involved.
5. Provide Relevant Documentation: Share all relevant medical documentation that supports your decision to request a follow-up IME with the selected healthcare professional.
Detailed FAQs and Answers Based on Question and Jurisdiction:
Q1. Is it legal for employers in Calgary to request a follow-up IME?
A1. Yes, Alberta employment law allows employers in Calgary (and overall Alberta province) to request validly justified follow-up IMEs as long as they adhere to procedural fairness principles.
Q2. Can employees refuse to attend a requested follow-up IME?
A2. Employees can refuse; however, in such cases, employers may take appropriate legal actions against non-compliant employees after considering their rights under applicable employment legislation.
Q3. Who conducts these independent medical examinations?
A3. Reputable healthcare professionals specializing in assessments like occupational physicians or specialized consultants usually perform independent medical examinations.
Q4. What happens during a follow-up IME?
A4. During a follow-up IME, the healthcare professional examines the employee’s medical condition and assesses their current functional abilities or any changes since the previous assessment.
Q5. Is there any financial responsibility for employees attending a follow-up IME?
A5. Employees are typically not responsible for shouldering the costs associated with attending follow-up IMEs requested by their employers.
Q6. Are there any privacy considerations during a follow-up IME process in Calgary?
A6. Employers must respect employee privacy rights and only share relevant medical documentation with authorized healthcare professionals involved in conducting the assessment.
Q7. Can employers use information obtained through a follow-up IME against an employee?
A7: Information obtained through a follow-up IME can be used to make reasonable decisions regarding employment accommodations, modified duties, or other lawful purposes aligned with legitimate business interests.
BOTTOM LINE:
In Calgary, employers can initiate a defensible Follow-Up Independent Medical Examination (IME) by following specific guidelines: determining its necessity, reviewing employment policies, informing employees appropriately in writing about intentions, coordinating appointments with suitable healthcare providers specializing in independent assessments while providing supporting documentation when required. By understanding jurisdictional regulations surrounding these processes, employers can effectively manage disability claims and support return-to-work programs efficiently while adhering to legal requirements