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In a Union based job there is a policy that
states any employees who call out more than 4
times in a year will be placed on a ‘sick
list’. Any sick time used after the initial 4
will require a doctors note to return to work.
The head of the company non-union member
sends a memo out to the organization reviewing
this policy and along with it sends a list of
the names of the people on the list,included
the amount of days they have called out sick,
and counted FMLA in those numbers.
Is it legal to have this list disclosed to
everyone or was HIPPA violated? I can
understand if managers need to know this
information but the current list went out to
the whole company.
Asked on April 24, 2019 under Employment Labor Law, Maine
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 2 years ago | Contributor
No, there is no privacy right about having been out sick or using sick days; the privacy rights (such as under HIPPA) only apply to the illness or condition, but not to your attendence at work. What you describe is unusual and unprofessional, but legal.