Legal Question in Employment Law in New Jersey
Boss sharing medical information.
If i call out sick from work and leave any of my medical information on his answering machine, can he take that message and forward it to all the supervisors in my department?
2 Answers from Attorneys
Re: Boss sharing medical information.
Definitely not, that would violate HIPAA and probably anti-discrimination law as well.
Re: Boss sharing medical information.
In theory, your boss should not share that information with anyone, except to the extent necessary. However, if every boss did what he or she was supposed to do, employment lawyers like me would be out of business.
If your company's sick leave policy does not require an explanation, you may want to just tell your boss that you are sick. If you need to tell your boss about a medical condition, such as if you are requesting a medical leave or another reasonable accommodation, then the safer thing to do would be to speak to your boss directly if possible, and ask him or her to please keep your medical information private and on a need-to-know basis. Obviously, even that does not guarantee that your boss will do the right thing.
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