Employment lawyer Nadia Zaman explains why setting clear expectations, documenting properly and pushing back within legal limits has never been more critical
For employers navigating employee absences, especially those linked to mental health, generic notes are leaving them exposed to serious legal and operational risks, says Nadia Zaman, senior associate at Rudner Law.
The trouble compounds when employers accept these vague notes without pushback. Doing so, Zaman says, sets a precedent that’s hard to undo.
“What tends to happen is employers and employees are often unaware of their respective rights and obligations when it comes to accommodation in the workplace,” she says. “When an employer ends up accepting a vague doctor's note, they're almost setting a precedent, and the employee starts expecting that these vague doctor’s notes are okay to provide.”
Later, if legal advice reveals the insufficiency of such documentation, attempts to course-correct often cause tension.
This issue is one Zaman has seen become more prominent in her practice, especially as legislation has raised the stakes for employers caught on the wrong foot. Under the Working for Workers Six Act, employees are guaranteed job protection for leaves of absence of up to 27 weeks for serious illnesses.
This signals that other types of leave may soon gain formal recognition, reinforcing the need for employers to handle absences with care and legal clarity, Zaman says.
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