Employees calling in sick
dorisdvu
1 Post
When an employee calls in sick, how do you ask what is the reason they cannot work, without it being a HIPPA violation?
dorisdvu
1 Post
Comments
The only information that is covered by HIPAA is information that the employer gets through their claims/insurance plan. Information for sick days, FMLA usage, etc is not covered by HIPAA. The information should be kept separate due to possible ADA confidentiality concerns, but has nothing to do with HIPAA.
The employer needs at least enough information to know if the absence would put FMLA into play.
If you are not self-insured, HIPPA has almost nothing to do with you and the privacy issues all stem from ADA, as HRforME said.
Still, you can end up with an inappropriate inquiry under ADA while asking a required question under FMLA. Avoid being abrasive or asking questions that are not on-target.
"How long do you think you will be out?"
"Were you in the hospital overnight?"
If you go down that path far enough, you need to make a FMLA ruling. If you believe the absence is covered, then tell them so and make sure they have documentation available with their next paycheck at the latest. Have them sign for the FMLA docs.