Employee Rights???

Question

I have an illness that requires 4-6 weeks of treatment (radiotherapy). My employers want a full report with illness details to ensure my fitness for work, I don't want them to have these personal details. If my Dr was to sign me off for the full duration would I still need this report?? They are paying me full pay for this period ....would it make the situation easier if I was just signed off for the whole treatment period?? Or will they still need to write to my Dr? I thought it was my right to be signed off sick by a medical professional without having to give details?? Basically can I be off with just a drs note without specific details if I'm not being assessed for fitness to work? Please help as I don't know where I stand. xx

Answer 1

An employer is not allowed to read your specific details of your illness and treatment. What they are entitled to receive is details about how long the treatment, what kind of accommodations you may need to return to work, are there any limitations on what you can and can not do when you return to work. Your doctor can not just sign a blank note saying that you are off of work but he doesn't have to give a diagnosis or specific medical treatment details to your employer. Ask them specifically what kind of information that they need about you and your medical leave of absence and that you will get that from a doctor. Outside of the Certification of Medical Provider form information (found on the government web site for FMLA) the employer can not poke around your medical file. You have a right to see what information your doctor will give your employer. Ask them why they want or need specific details about your illness. What is the business need for this information?

Answer 2

If you are in the uk, then you can have yourself signed off sick, provide the necessary sickness certification and then once your treatment is over your company will ask for another certificate from your doctor to say you are fit for work. Your company may also want to conduct a back to work interview, which is their right, and as far as I am aware they are not entitled to the details of your treatment. That is private. They have a moral obligation to support you and they cannot dismiss you for being sick. You can take them to a tribunal claiming discrimination or victimisation. As your personell department or whoever is in charge for a copy of the company sickness procedures and dont let them bulls h i t you. You have rights.

Answer 3

If you do not want them to know all the details then that is your right. However, it is the companies right to fill your position while you are gone. Do you have FMLA? If you do, then you are not required to tell them anything, it's up to your doctor. FMLA lasts for 6 weeks out of the year total. If you do not have FMLA then you might be screwed. Sorry to hear about that. Good luck and hope everything goes well :)

Answer 4

In my opinion this is not the correct way for them to conduct a 'fitness for duty' evaluation. You have a right to medical privacy and your Dr. does not need to provide details. Your employer should forward a copy of your job description to your Doc for him/her to review. I do know that some companies (not saying it is right or wrong) would send you to their Doc/clinic for an eval prior to your return. In either case, your privacy is protected - and so is your safety.