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Do I have to disclose the nature of my illness to my employer
I am being treated by my physician and he has recommended that I not return to work until test results are in. My employer has requested information on the nature of my illness and I feel like this is a privacy violation. Isn't this a HIIPA violation?
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No, it's not a HIPAA violation, unless your employer is in the medical field and has violated your privacy by looking at your files without your consent.
You are not required to disclose the nature of your illness with your employer, but if you plan to take time off work due to this illness you will need a letter from your doctor stating that it is under his recommendation that you not work at this time, and give a reasonable time frame for when you will be able to return to work. Having said that, most employees are at will employees, so your boss would be well within his right to terminate your employment, or hire someone else to do your job while you're gone, and he is not obligated to give you back that same position when you return. |
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Many company liability insurers require that all reasons for time off for illness or injury be known. They have a right to know if you are contagious or a danger to yourself or employees or clients. Your company has a right to know if you can do your job safely, get around the place safely, deal with others safely. They have a right to not be sued by others because of something you do. To say that you are not required to disclose is not to say that they have to keep you employed there. Of course you can refuse, but expect to be out of a job immediately.
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As noted it has nothing to do with HIPAA, your employer is perfectly within their rights to request this information. You, on the other hand are under no obligation to reveal it. However, your employer could make it a condition of continued employment. Your physician could advise that the condition in no way presents an issue to your performance of the job once you return.
Because of the liability issue, I would not consider it an invasion of privacy but rather the employer trying to protect themselves and their employees. Note also that FMLA or your employer's short term leave policies may require that you provide the info. |
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