Legal Question in Employment Law in California

Medical Privacy

I have been on the job for 7 years. During that time I have called in sick 2 or 3 times. My company provides 5 paid sick days a year. We recently got a new boss. I was not feeling well one day and called in sick by leaving my boss a voice mail. As soon as he got the voice mail, he called me at home and started asking probing questions about my sickness, the name of my doctor, that I needed a note from my doctor to come back to work etc. I found his questions intrusive. Is an employer allowed to ask those type of questions when you call in sick one day?


Asked on 3/03/05, 4:32 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Medical Privacy

Your boss cannot ask you or your doctor about the nature of your illness or any other intrusive questions. They can ask for a doctor's note confirming you were sick, assuming you saw a doctor, and confirmation that you can return to work. However, you should review any written policies regarding sick or medical leave or check with your HR Rep to see if your boss is following company policy.

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Answered on 3/04/05, 2:04 pm


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