Can An Employer Ask Why You Are Sick in California? 2024

“Can an employer ask why you are sick in California?” is a question that many employees and employers alike may find themselves asking. It’s important to understand what boundaries exist in the employee and employer relationship, especially when it comes to an employee’s health. Anyone who lives or works in California operates under some of the nation’s most comprehensive labor and privacy laws. Taking the time to understand them can help. An employment lawyer in Los Angeles, CA can guide you through these legal boundaries and protect your privacy rights.

Understanding Employee Privacy Rights

The state of California takes employee privacy very seriously. Under its labor laws, employees are entitled to a reasonable expectation of privacy. This is especially true regarding their medical information. While an employer is able to ask about an employee’s physical and mental capacity to perform certain job duties, they need to be careful not to ask for too much information regarding their medical history or the nature of a disability.

When Can Employers Ask About Your Sickness?

California employers are able to ask some questions when an employee calls in sick, but there are some limitations they must comply with. Questions like if an employee is able to work or when they expect they will be healthy enough to return back to work are perfectly acceptable. However, the employer is not able to ask direct questions about the specifics of the medical condition.

The only exception to this rule is if specific medical details are required to help ensure it complies with governmental support programs, such as the Americans with Disabilities Act or Family and Medical Leave Act (FMLA). This is because benefits from a program like FMLA cannot be issued unless they are able to verify the employee qualifies. However, these details will stay between the employee and FMLA, which also has limitations to what they can ask.

Questions That Employers Should Avoid Asking

Employers in California must be very mindful when asking specific questions about an employee’s diagnosis or the nature of their illness. Depending on how a question is asked, it could violate a privacy law or cross the line into discrimination.

Here are some of the top questions an employer should avoid asking:

1. What Is Your Diagnosis?

An employer should never outright ask what specific diagnosis an employee has. All employees have the right to keep their medical conditions confidential if they wish. Rather, an employer should ask if their recent medical history is preventing them from performing the job tasks they used to do before the illness.

2. How Did You Get Sick?

It’s not appropriate to probe into how an employee became ill. This is not only intrusive, but it’s also irrelevant to the employer’s needs. Asking this question can be very uncomfortable. This is especially true when an employee is suffering from a sensitive issue or is going through a mental health crisis.

3. What Medications Are You Taking?

It is also off-limits to ask an employee what medication they are taking to treat their condition. While it may seem like a less intrusive question, it can provide extra insight into what health issues the person is dealing with. Just having the medication information can also lead someone to think someone is suffering from condition A when it’s really condition B or C. This can lead to instances of discrimination or bias.

4. Why Didn’t You Call in Sooner?

It’s important for an employer to know when their employees are available for work, but pressing an employee about the timing of their request to miss work can be inappropriate. It appears accusatory in nature and is not productive for either party. Rather, the employer should focus on when the employee expects to be able to return to work.

FAQs About California Employee Privacy Rights

Can an Employer Ask You Why You Are Calling in Sick in California?

While employers are able to ask why their employees are calling in sick, they are limited to what information they ask for. The most appropriate engagement is to ask if they are unable to work and when they are expecting to return. Focus the conversation on availability rather than trying to better understand their medical condition. Employers are expected to respect medical privacy as it pertains to federal and California state law.

Do I Have to Tell My Employer Why I am Off Sick?

You generally do not need to tell your employer specifically why you need sick time off. While you are welcome to disclose whatever you feel comfortable with, they cannot pressure you into detailing your medical issues. However, if your condition is severe enough to qualify for FMLA, you will need to submit certain medical documents. While these documents will have more information on them than your employer could ask for, they still remain limited in detail.

Is It a HIPAA Violation for an Employer to Ask Why You Are Sick?

Asking why an employee is sick is not a specific HIPAA violation. These rules apply to healthcare providers and insurers rather than employers. This is why certain privacy laws in California exist. It helps to provide extra privacy by designing rules specific to the employer and employee relationship. Employers must strike a balance between running their business and managing their staff while respecting their privacy when sick time is needed.

Can My Employer Require a Doctor’s Note If I am Sick?

Yes, California employers are able to request doctor’s notes to verify your sickness. This is especially true when an employee has been taking many sick days. However, the note does not need to give specifics about your condition. It just simply needs to verify that a healthcare professional is advising you not to work while you are recovering. Employers should be careful not to ask only some people for a doctor’s note to avoid accusations of discrimination.

Contact Canlas Law Group Today

It’s important to spend time learning more about your rights regarding sick leave and privacy in California. If you are concerned about the questions your employer has been asking recently about your medical condition, Canlas Law Group is here to help. Contact us today so we can learn more about what is going on and what legal steps we believe are necessary to rectify the situation.

California Employee Privacy Rights Resources:

• California Final Paycheck Law
• Workers’ Compensation For Temporary Workers In California
• Who Can Be Excluded From Workers’ Compensation In California?
• What Happens If I Get Fired While On Workers’ Comp In California?