Sick leave

UPDATED: Oct 1, 2022

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Sick leave

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 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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