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Sick Time

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When an employee calls out sick, what can I ask?

This is an issue that is an increasing concern to many employers. Because of HIPAA and ADA regulations, which protect the confidentiality of an employees private health information, it is probably better for an employer to err on the side of caution.

When an employee calls to report they will be absent, the employer can ask why. Obviously, if the employee says he is taking the day off \”just because\” or to go fishing, that is an unexcused absence. However, if the employee says that he or she is ill, the employer should not press for a diagnosis. The employer can legitimately ask when the employee will return to work. The employer can legitimately require a doctors note, assuming this policy is enforced uniformly. If the employee is entitled to unpaid, job-protected leave under FMLA, the employer can require that the employees doctor complete a form certifying that the employee has a serious health condition. The form does not require the doctor to provide the employees diagnosis, and the employer cannot demand it.

When an employer does learn an employees private health information, it is a best practice for the employer to not discuss this information with coworkers or others in the company, and not to discuss it further with the employee. This can even include well-meaning discussions about the employees health.