Illness

Payroll97

How personal can an employer get according to the law when told by an employee that they are not feeling well.

SDDCHR

Why do you question the employee? Is it someone who has a history of reporting that they're not feeling well? If so, then I would question it as it may result in intermittent FML. If it is and FML qualifying event then you can get certification. If it's an isolated incident then give them their allowed sick leave and don't question it.

Don D

The prevailing guidance on this has taken the whole subject to a red-alert level. The law does not preclude your asking whatever you want to ask. However, the guidance is that we should not elicit from individuals information that might tend to identify a handicap (ADA) or that might cause them to feel that they have been discriminated against because they revealed health information. The danger is in the company being charged with some form of harassment based on the fact that the company required from them certain confidential health information and then acted against them after it (company) had that information. It's remote, I know. The point, I think, among HR professionals is that we should steer clear of asking health and wellness types of questions. Regarding FMLA, we cannot ask for a diagnosis and should not ask them to tell us specifically what is wrong with them. The employee and the doctor simply complete the appropriate forms. Period.

There are all sorts of ways to nuance a reply to being told "I don't feel well". And there are all sorts of perfectly acceptable requests for additional information. But, the common guidance is that we do not and should not require or pressure employees to describe to us their symptoms or diagnoses. Does this help?