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ARTICLE · 04 FEBRUARY 2020

When Might A School Board Obtain An Order For An Independent Medical Evaluation

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A recent arbitral decision ruled that a school board was entitled to request an independent medical evaluation (IME)

CanadaConsumer Protection

A recent arbitral decision ruled that a school board was entitled to request an independent medical evaluation (IME) by a psychiatrist regarding whether its employee was fit to return to work, even though the employee previously provided the school board with a comprehensive medical assessment.

In December 2016, after numerous incidents indicating poor judgment, an elementary school teacher was placed on administrative leave pending the completion of an investigation. In February 2017, the administrative leave was converted to a sick leave after a medical note was provided by the teacher.

During the winter of 2018, the teacher was declared fit to return to work and resumed her duties. At this time, the issue of discipline regarding her alleged misconduct had not yet been resolved. The teacher was again placed on administrative leave in March 2018. During the school board's investigation, she disclosed that she had experienced mental illness during her prior leave

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