How Do Saskatchewan Employment Laws Impact The IME Process?

Brief Overview:In Saskatchewan, the employment laws have a significant impact on the Independent Medical Examination (IME) process. These laws are designed to protect the rights of employees and ensure fair treatment in disability management cases. Here are five essential facts about how Saskatchewan employment laws influence the IME process:

1. Duty to Accommodate: Under Saskatchewan’s human rights legislation, employers have a legal duty to accommodate employees with disabilities up to undue hardship. This means that before requesting an IME or taking any adverse action against an employee, employers must make reasonable efforts to accommodate their disability.

2. Right to Privacy: Employees in Saskatchewan have a right to privacy regarding their medical information. Employers can only request an IME if they have legitimate concerns related to accommodation or other work-related matters.

3. Permission and Consent: Employers must obtain written permission from the employee before proceeding with an IME. The consent should clearly state the purpose of the examination and who will receive access to its findings.

4. Reasonable Notice: Employers should provide reasonable notice when requesting an employee undergo an IME unless there are exceptional circumstances such as preventing harm or preserving evidence.

5. Expertise and Independence: When selecting a healthcare professional for conducting an IME, it is crucial that they possess appropriate qualifications, knowledge, and experience relevant to the nature of assessment required by both national standards and provincial regulations.


Q1) Can my employer require me to undergo an IME without my consent?
A1) No, your employer cannot force you into undergoing an IME without your explicit written consent in Saskatchewan.

Q2) Can I choose my own healthcare provider for conducting the IME?
A2) While you may express your preference, ultimately it is your employer who selects and pays for the healthcare professional undertaking the examination.

Q3) What happens if I refuse or fail to attend scheduled appointments for an IME?
A3) If you fail to attend scheduled appointments for an IME without valid reasons, it may have a negative impact on your employment and potential disability claim.

Q4) Can I refuse the release of my complete medical records during an IME?
A4) Yes, employees have the right to control their own personal health information. However, employers may be entitled to certain relevant medical information needed for accommodation purposes.

Q5) What should I do if I believe the healthcare professional conducting the IME is biased or lacks expertise?
A5) You can raise your concerns with your employer and ask for clarification on how they chose the healthcare professional. It is essential that they possess appropriate qualifications and independence.

Q6) How long does an IME report usually take to be completed in Saskatchewan?
A6) The timeframe can vary based on various factors such as complexity, availability of necessary documents, and scheduling conflicts. It’s crucial to communicate directly with your employer or insurance company regarding any specific deadlines.

Q7) What recourse do I have if I believe my rights were violated during the IME process?
A7) If you feel that your rights were violated during the IME process, you may consult with a lawyer specializing in employment law or file a complaint through Saskatchewan’s human rights commission.

Saskatchewan’s employment laws play a vital role in shaping how Independent Medical Examinations are conducted. Employees have legal protections that ensure their privacy, consent, reasonable notice periods before undergoing an examination, access to qualified professionals,
and accommodations where required. Understanding these laws empowers both employers and employees to navigate the IME process effectively while respecting individual rights and obligations under Saskatchewan jurisdiction.