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Can my employer ask me why I took sick time?

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KimRE

Junior Member
What is the name of your state? - Ohio

My department managers recently had a meeting where they posted how much sick time each employee took past year. Employees were ranked by number of sick time they took and the information was shared in front of all the managers - including names (No one from HR was present).
I don't think the fact that they ranked employees and shared the information is illegal or wrong. However, one of the manager after the meeting told his subordinate (Lets call him Bill) who was on this list and how much of sick time his co-workers took last year. The manager told Bill that Bill was #2 on the ranking. They later had a meeting where the manager demanded that they go over each sick day Bill took and reason for taking sick days. Bill had to tell his manager all the medical problems/illness/surgeries he had during past year.
I am guessing that eventually all of the employees working in the department would be asked the same question.

My question is can my manager ask me to tell him my medical information? Isn't medical information private information that is between you & your doctor?

I am afraid that if I refuse to tell my manager what kind of medical procedures I had done past year, there may be some consequences (ex. they may assume I have AIDS? or some other serious illness)

Can they fire me because I refuse to answer? (I think Ohio is an Employeement at will state but when my employer dismissed an employee it is always for cause)What is the name of your state?
 


Zigner

Senior Member, Non-Attorney
I would say just give him copies of the doctor's excuse that you had for each missed day...don't have to go in to more detail than that...
 

cbg

I'm a Northern Girl
You can legally be asked to confirm that your sick days were taken legitimately. That can include SOME medical information because there are plenty of doctors out there who will indiscriminately write notes "excusing" employees from work just because the employee wants a day off.

Before you ask, what medical information they can request is situation specific.
 
M

Mediate

Guest
What is the name of your state? - Ohio

My department managers recently had a meeting where they posted how much sick time each employee took past year. Employees were ranked by number of sick time they took and the information was shared in front of all the managers - including names (No one from HR was present).
I don't think the fact that they ranked employees and shared the information is illegal or wrong. However, one of the manager after the meeting told his subordinate (Lets call him Bill) who was on this list and how much of sick time his co-workers took last year. The manager told Bill that Bill was #2 on the ranking. They later had a meeting where the manager demanded that they go over each sick day Bill took and reason for taking sick days. Bill had to tell his manager all the medical problems/illness/surgeries he had during past year.
I am guessing that eventually all of the employees working in the department would be asked the same question.

My question is can my manager ask me to tell him my medical information? Isn't medical information private information that is between you & your doctor?

I am afraid that if I refuse to tell my manager what kind of medical procedures I had done past year, there may be some consequences (ex. they may assume I have AIDS? or some other serious illness)

Can they fire me because I refuse to answer? (I think Ohio is an Employeement at will state but when my employer dismissed an employee it is always for cause)What is the name of your state?
It is my understanding that they DO have a right to verify an illness, for example, but they do not have a legal right for specific medical information. There is recent case law from Cincinnati (I think it was Cincy in 2005/early 06) supporting this. You can tell them basically "I saw a doctor because of (symptoms)." That is all they are entitled to. It is not uncommon for businesses to have language in their handbooks that employees might be asked to produce doctors' notes for what they feel might be excessive and/or if the employee is absent for a specific number of consecutive days.
 

Los

Junior Member
A quote from another site.

The EEOC warns employers not to ask routinely for medical information from employees. Instead, requests for medical information should be made only if the employer has reasons to suspect, /based upon objective facts/, that the employee's condition may be causing her poor performance. Recent case law suggests that a policy that requires employees to provide a doctor's note for all claims of sick leave may violate the ADA, unless the employer has a legitimate business reason (i.e. safety issues, history of leave abuse) to do so.
 

xylene

Senior Member
This isn't exactly legal advice, but I once was in a somewhat similar situation, and basically the result was that to just deaden the whole situation I pulled a HUGE T.M.I. about some rectal bleeding problems I had been having (turned out to be not serious - no cancer, no surguery) and then the sick day 'police' kind of shut up for the next 1.2 years of time I was employed at that job.

(And Yes I left of my own accord to pursue new options, and left with a solid reference.)
 

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