Confidentiality

Teddy · June 2004

We have an employee who has confided in HR that she has a medical condition that is aggravated by alcohol.

Because of alcohol addiction in her family, she has decided to join a 12-week program for rehabilitation. She will still be able to work for us during the day but will not be able to travel for her work for 12 weeks, which will be a slight problem.

She said that her supervisor can be told about the medical condition but not about the type of program that she is enrolling in - she wants him to believe that the reason for not traveling for 12 weeks is due to her medical condition.

What is HR's responsibility for keeping this information confidential? Should any supervisor be informed? In a very small company, should the CEO be informed?

deniseE · June 2004

I would keep the nature of the condition confidential. Once this information is out, it can't be taken back and future employment decisions might be made based upon this knowledge.

Do you have the ability to have her not travel for 12 weeks, regardless of the medical condition preventing the travel?

Teddy · June 2004

Thanks!

I guess my big concern is that, if the alcoholism does something to affect her performance in a big way, am I retaining valuable information that company executives should be aware of?

I've never dealt with this kind of issue before and I'm not sure what the responsibility of HR is...

lnelson · June 2004

All they need to know is due to medical reasons ee cannot travel for work for a period of 12 weeks.

I would document and ask for medical release upon completion of program.

JMO,
Lisa

Pork · June 2004

First support your ee to the extent possible. Alcohol and drug addiction is a "medical condition" and there is no reason to call it otherwise. The supervisor does need to be concerned for her safety and should be advised to keep an eye open for her and other employee safety at work! Yes, you are responsible for keeping medical information confidential to the extent it does not cause a safety issue. The supervisor and the CEO should be considered/are considered to be a part of her treatment plan in the support of her efforts to control her illness. Positive reinforcement/encouragemnent is needed and wanted for the ee to overcome her current treatment plan. These two people must know enough information to be supportive and realize the value of this changing person.

You should not promise to lie or make up a story about her in ability to travel or with hold vital company information, for you are also obligated to keep the company management informed to the extent necessary to assist the company in managing her successful recovery, and at the same time insure that the company is able to continuously operate the business.

Normally, caring leadership will understand and work with you to get the ee back to full value!

PORK

ritaanz · June 2004

So Pork, are you saying it is ok to tell the supervisor and the CEO? Even though the employee requested otherwise? I read all your reasons but I don't understand your rationale.

TN HR · July 2004

Pork,

I completely agree with most of what you wrote. However, I completely disagree with informing the two individuals that the ee specifically asked not be told. You are making an assumption based on old, outdated ADAPC track programs which included the chain of command be a part of the "treatment team".

Sorry, it doesn't work that way anymore.

Gene

System · July 2004

Reading between the lines, I see an employee with a drinking problem who drives on company business. Sounds like a safety issue that you shouldn't withhold from the supervisor. Or am I missing something? :-?

James Sokolowski
HRhero.com

Don D · July 2004

Yes, James, I think you ARE missing something. She will not be driving during treatment so there is no more need to tell the supervisor about treatment than if she were a retail clerk. Treatment programs and plans are confidential insofar as is practicable and possible. No reason to bring any other member of management in on it. It would be counter to all 'best practice' approaches in today's HR procedures.

Teddy · July 2004

Hi!

I want to thank all of you for your responses, but what I'm really wondering is whether or not there is a steadfast HR/Labor Law that states that you can not disclose information of this type if the ee has specifically asked you not to.

Anybody know?

Thanks again!

Teddy

Confidentiality

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