Brief Overview:When an employer in Nova Scotia wants to initiate a follow-up Independent Medical Examination (IME), there are certain steps they need to follow. This article provides a comprehensive guide on how an employer can initiate a follow-up IME, including the necessary documentation and the role of various parties involved.
Answer:
To initiate a follow-up IME in Nova Scotia, here are five key facts to consider:
1. Need for objective information: An employer may seek a follow-up IME when they require additional objective medical information about an employee’s condition after returning from disability leave or when assessing ongoing accommodation needs.
2. Consent is required: Before initiating any medical examination, employers must obtain written consent from the employee as per privacy laws and human rights legislation.
3. Selection of independent examiner: Employers should select an independent medical professional who is unbiased and knowledgeable in the specific area relevant to the employee’s condition.
4. Timeframe considerations: It is important for employers to ensure that they allow sufficient time for scheduling the appointment with the selected examiner and receiving their report within reasonable timelines.
5. Cost implications: Employers are responsible for covering all expenses related to conducting a follow-up IME, which may include fees charged by the selected physician, travel costs if applicable, and other associated expenses.
FAQs:
Q1: Can I force my employee to undergo a follow-up IME?
A1: No, you cannot force employees to undergo any form of medical examination without their consent unless it is specifically outlined in their employment contract or collective agreement.
Q2: What happens if my employee refuses to give consent for a follow-up IME?
A2: If your employee refuses consent, you should consult legal counsel before taking any further action as requirements can differ based on individual circumstances.
Q3: Can I use information obtained through an IME against my employee?
A3: The purpose of obtaining an IME is solely to gather objective medical information. It should not be used for any other purpose, including disciplinary action, and employees should be made aware of this.
Q4: Can my employee challenge the results of a follow-up IME?
A4: Yes, employees have the right to request their own independent assessment if they disagree with the findings of a follow-up IME. This ensures fairness in the process.
Q5: Are there any legal requirements for documenting the initiation of a follow-up IME?
A5: While specific documentation requirements may vary based on individual circumstances, it is generally recommended that employers maintain written records outlining the reason for requesting an IME and confirming employee consent.
Q6: How long does an employer have to wait before conducting a follow-up IME after an employee’s return from disability leave?
A6: There are no specific legislated timeframes for initiating a follow-up examination after an employee returns from disability leave. However, employers are encouraged to conduct such examinations within reasonable timelines that respect privacy rights and allow for proper decision-making.
Q7: Can I use previous medical reports or assessments instead of conducting a new follow-up examination?
A7: While existing medical reports can provide valuable context, it is usually advisable to conduct a fresh examination if you require up-to-date information about an employee’s current condition or limitations.
BOTTOM LINE:
Initiating a follow-up Independent Medical Examination (IME) in Nova Scotia involves obtaining written consent from employees and selecting an independent examiner who specializes in their relevant area of concern. Employers must understand their obligations under privacy laws and ensure fairness throughout the process. Documentation and clear communication with employees are key factors contributing to successful follows-ups while respecting legal requirements.