The Scoop on Sick Days: Privacy Rights & What You Need to Know

It’s not atypical to call out sick. After all, we’re all under the weather from time to time. The question though is what happens when your employer asks for medical certification during this time to document it.

Well, today’s New York Post tackles the topic in reference to a reader asking if this violate’s his or her privacy.

Here’s the scoop: The information your health care provider may share falls within the Health Insurance Portability and Accountability Act. This includes the specific type of information it may disclose, to whom and when.

In the piece, human resources executive Gregory Giangrande writes:

“It generally doesn’t govern what questions your employer asks. In fact, your employer is permitted to ask you for a doctor’s note or other information about your health if the information is needed to administer sick leave, workers’ compensation, wellness programs or health insurance. However, your doctor may not disclose such information to your employer without your written consent. It is unlikely your employer is asking why you can’t work and more likely they just want medical certification that you are unable to work.”

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