Employers frequently receive medical notes that provide little more than a vague and unhelpful statement such as “the employee is unable to work” or that they are “totally disabled until a [date]”. These types of notes often leave employers uncertain about their obligations and, more importantly, what they are entitled to ask for in response.
A recent decision from the Human Rights Tribunal of Ontario, Baker v. Firon Roofing Inc., 2026 HRTO 292 (Baker), provides helpful guidance and some much needed clarity on this issue.
In Baker, the employee provided two medical notes from her physician stating that she was “totally disabled” for defined periods of time. However, the notes contained no diagnosis, no description of symptoms, and no explanation of work restrictions that could have allowed the employer to determine how to accommodate the employee. The employer requested additional information, including a Functional Abilities Form, but no further details were ever provided.
The employee was then laid off because due to a lack of work. Subsequently, the employee was not called back after her doctor cleared her to return to work because her position had been eliminated.
Historically, the Tribunal has interpreted “disability” under the Code broadly; however, that interpretation is not without meaningful limits.
In Baker, the employee failed to establish that she had a disability, and the Tribunal ultimately dismissed the employee’s application for discrimination. It held that a bare assertion that an employee is “totally disabled” is not sufficient to establish a disability under s.10(1) of the Human Rights Code (the Code). Rather, the employee must provide sufficient, reliable, and relevant evidence to prove that they had a medical condition that meets the statutory definition of a disability under the Code.
The Tribunal also emphasized that the employee’s medical notes were entirely silent on the nature of the disability and provided no information about the employee’s functional limitations or accommodation needs. As a result, the employer had no meaningful way to assess or implement accommodation.
Importantly, Baker also highlights the importance of record keeping. The Tribunal went on to consider what would have happened if the employee had established a disability; the application would still have failed because the employer demonstrated that their decisions were based on a lack of work and the elimination of the position due to subsequent restructuring. There was clear evidence that the layoff and subsequent termination was unrelated to any protected ground.
This decision reinforces an important point for employers: while employers are prohibited from requiring a medical note from an employee to take sick leave under the Employment Standards Act, 2000, employers have some right to information especially when it concerns extended absences, accommodation or return to work obligations.
In practical terms, employers are not required to accept vague or conclusory notes at face value. Employers are entitled to request information that allows them to understand how an employee’s medical condition affects their ability to perform their job. This includes, for example, functional limitations, restrictions for accommodations, and the anticipated duration of those limitations. At the same time, employers are generally not entitled to the employee’s specific diagnosis, unless it is directly relevant; the focus should remain on what the employee can and cannot do in the workplace.
Further, the accommodation process is inherently a two-way obligation. Employees are required to provide sufficient medical information to substantiate their need for accommodation. Employers, in turn, must make reasonable efforts to accommodate based on the information available. However, when faced with a vague medical note, employers should acknowledge receipt of the note and promptly request clarification. The use of a Functional Abilities Form is often an effective way to obtain relevant information and helps employers understand an employee’s limitations in the workplace.
Employers should also ensure that all communications and requests are well documented, particularly where the employee does not provide the requested information.
If you are dealing with a vague and confusing medical note or are unsure of your obligations and entitlements as an employer, contact our employment law team for legal guidance.
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