Right to medical privacy when one is sick.

[Mars4Dude]

Nebraska: First of all, I rarely call-in sick (twice in the last year). The last time I missed work was due to blood in my stools, which scared me to death. Thank God, it didn’t turn out to be anything serious. However, I was ridiculed by my co-works and my supervisor about my problem. I had requested to my supervisor that she keep my problem confidential. Clearly, my request fell on deaf ears. Consequently, when I was sick nine months later, I refused to give the exact nature of my illness when I called in sick. Am I required by law to disclose the exact nature of my illness when I am ill? Does the law provide for any medical privacy when one is ill?

 

[Just Blue]

Nebraska: First of all, I rarely call-in sick (twice in the last year). The last time I missed work was due to blood in my stools, which scared me to death. Thank God, it didn’t turn out to be anything serious. However, I was ridiculed by my co-works and my supervisor about my problem. I had requested to my supervisor that she keep my problem confidential. Clearly, my request fell on deaf ears. Consequently, when I was sick nine months later, I refused to give the exact nature of my illness when I called in sick. Am I required by law to disclose the exact nature of my illness when I am ill? Does the law provide for any medical privacy when one is ill?

By law? No...But you may be required by company policy.

 

[quincy]

The Supreme Court has found that a fundamental right of privacy exists as to medical information about a person. There are many "gray areas", however, when it comes to medical information being released (such as when there is a significant risk of harm to a third person by withholding the information). And any information based on public records, no matter how private, is not covered under privacy rights.
Your major problem with your employer is that you freely revealed medical information about yourself. While your employer, perhaps, should have ethically kept this information private, he was under no legal obligation to do so, and may, in fact, revealed the information to co-workers out of concern for your health and not merely to gossip.
I don't know if your employer requires specific details about why you are taking sick leave, or time off for medical reasons, but I doubt it. Next time, reveal only as much information as you need to to get the day off, and you can even request that you prefer the information not be shared.

 

[cbg]

Keep in mind that a request that the information not be shared is not legally binding.

I am not in any way, shape or form defending the release of medical information by the employer to anyone who does not have a legitimate need to know. However, most employers are not subject to HIPAA and with limited exceptions, may legally share that information freely with anyone they care to, regardless of any requests to the contrary.

 

[Mars4Dude]

It makes sense to me know, Thank You

Thank all of you so much for help. I am extremely grateful for the education. I was in error thinking that HIPAA applies to employers. I must admit it makes sense to me know.

With Sincere Gratitude,

Mars4dude