Can My Employer Legally Ask for Medical Information? A Comprehensive Guide
We all know that employees have certain rights and protections when it comes to their medical information. However, many people are unsure about what their employer is legally allowed to ask for and when. In this comprehensive guide, we will explore your rights as an employee and what your employer is legally allowed to ask for.
What is Medical Information?
Medical information includes any information related to an individual’s physical or mental health. This can include medical conditions, diagnoses, treatments, and medications.
When Can Your Employer Ask for Medical Information?
Under the Americans with Disabilities Act (ADA), employers are allowed to ask for medical information when it is job-related and necessary for business. This means that an employer can ask for medical information if it will impact an individual’s ability to perform their job duties or if it is necessary to determine reasonable accommodations.
Additionally, employers can also ask for medical information when an employee requests leave under the Family and Medical Leave Act (FMLA) or if there is a workers’ compensation claim filed.
What Information Can Your Employer Ask For?
Employers have limitations on what medical information they can ask for. They can only ask for information that is necessary for the business and that will inform job-related decisions.
Some examples of the information that an employer may be able to ask for include:
– Information related to an employee’s ability to perform essential job functions
– Information related to an employee’s need for reasonable accommodations
– Information related to a leave request under FMLA
– Information related to a workers’ compensation claim
What Information Can Your Employer NOT Ask For?
Employers cannot ask for medical information that is not necessary for business. This includes information regarding an employee’s mental health, family medical history, and genetic information.
Additionally, employers cannot ask for medical information during the hiring process or use medical information to make discriminatory decisions.
How Should Employers Handle Medical Information?
Employers are required to keep medical information confidential and must store it separate from other personnel records. They can only share this information on a need-to-know basis and cannot disclose it without the employee’s written consent.
If an employer does disclose medical information without consent, it can result in legal consequences, including a violation of the ADA, FMLA, or other anti-discrimination laws.
Conclusion
As an employee, it’s important to know your rights when it comes to medical information. While your employer is legally allowed to ask for certain medical information in certain situations, they cannot ask for everything and must handle it confidentially.
If you have any concerns about your employer’s handling of your medical information, don’t hesitate to speak with a legal professional. By understanding your rights and protections, you can ensure that you receive fair treatment in the workplace.
