Legal Question in Employment Law in Virginia

If I have missed a day or two from work because of an illness and I was under a doctor's care at the time, is it legal for my employer to take disiplenary action against me because I "only" supplied the doctor's note that I was under his care and needed to be out of work while under his care. But I didn't supply the "diagnosis" of the illness. I was under the understanding that I had no legal obligation to supply the diagnosis. That it was a matter of privacy.


Asked on 8/22/09, 3:02 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Unless you are covered by a contract of employment or collective bargaining type of agreement which prohibits your employer from requiring their employees who take sick leave to disclose this kind of information, the employer would appear free to do so, as long as the diagnostic information imparted to the employer is stated in general terms and any employee privacy issues implicated in HIPPA and/or related laws are considered and appropriately accommodated.

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Answered on 8/27/09, 5:31 pm


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