When employers are confronted with employees who have been absent for prolonged periods, it may be appropriate to require and, in some circumstances, direct an employee to attend an independent medical examination (IME).
Putting a process in place having regard to the circumstances and complying with legal obligations is paramount. Balancing the rights of employees and the operational needs of employers, an employer’s duty often intersects with the need to assess an employee’s fitness for work, particularly in situations involving workplace injuries, extended absences, or concerns about an employee’s capacity to perform the inherent requirements of their role. However, directing an employee to attend an IME needs to take into account a number of factors including the length of the absence, the availability of remaining personal leave accruals and the operational requirements of the employer. Making decisions based on medical evidence obtained by the employer is crucial to avoid
