As an employee, you may find yourself feeling ill and needing to take time off work to recover. When this happens, you may be asked by your employer to explain your illness and related symptoms. While this might seem like a reasonable request, you may wonder whether your employer has the right to ask you why you are sick.
The short answer is: it depends. In general, an employer can ask why you are sick, but they are not entitled to your specific medical information.
Reasons Why An Employer May Ask Why You’re Taking a Sick Day
Workers’ Compensation
The main reason employers might ask why you are taking a sick day is to determine whether your absence is related to a workplace injury or illness. Under workers' compensation laws, employers are required to provide benefits to employees who suffer an injury or illness as a result of their work.
By asking about your illness or injury, your employer may be trying to determine whether they need to file a report for a workplace incident.
Preventative Measures
Sometimes employers ask to see whether there are any steps they can take to prevent other employees from becoming sick or injured. Employers may be concerned about the impact of your absence on the company's operations and they may want to know how long you expect to be out of work.
Your Rights
If your employer asks why you are sick, you do not need to provide detailed medical information. You are only required to provide enough information to show that you are unable to work.
You might say that you have the flu or that you are experiencing stomach issues, but under law, you are not required to provide information about the specific symptoms you are experiencing or any other medical details. “An employer cannot require employees to disclose specific medical information about their illness or condition,” note employment attorneys at Aegis Law Firm, “This means you do not have to give details on your medical history, diagnosis, or treatment unless you consent to it.”
Violation of Your Rights
If your employer presses for more information, you may need to consider whether your privacy rights are being violated. In general, employers are required to maintain the confidentiality of employee medical information. Your employer cannot share your medical information with other employees or third parties without your consent. This said, there are some exceptions. Your employer may be required to disclose your medical information to government agencies or to comply with a court order.
If you are concerned that your employer is violating your privacy rights, you may want to seek advice from a legal professional. An experienced employment attorney can help you understand your rights and the steps you can take to protect your privacy and your right to compensation if your rights were violated.
Doctor’s Notes
In some cases, your employer may require you to provide a doctor's note to verify that you are unable to work. This is a common practice, and it is typically allowed under employment law. However, your employer is not entitled to the specific medical information contained in the note. For example, if you have a mental health condition, your doctor's note may simply say that you are unable to work, without providing any details about your condition.
It is important to note: asking about the nature of your illness is not the same as discriminating against you because of your illness. Employers are prohibited from discriminating against employees based on their medical conditions under various laws, both on the state and federal level. Your employer cannot fire you, refuse to hire you, or take other adverse actions against you because of your medical condition.
If you believe that you have been discriminated against because of your medical condition, you may want to file a complaint with the appropriate government agency. The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that prohibit discrimination based on medical conditions. Additionally, many states have their own anti-discrimination laws that protect employees.
Taking Sick Days
While your employer is allowed to ask why you are sick, they are not entitled to specific medical information. You are only required to provide enough information to establish that you are unable to work. If you are concerned about your privacy rights or believe that you have been discriminated against, consider consulting with an experienced employment lawyer to explore your legal rights and protections under the law.
