Are You Entitled to Know the Nature of an Employee's Illness?

As an employer, managing sick leave can be challenging—especially when medical certificates provide limited information. But do you have the right to know the specific nature of an employee's illness? The answer requires careful consideration of data protection and discrimination laws.

🔒 Your Responsibilities:

The Data Protection Commissioner (DPC) makes it clear: unless there are health and safety concerns, you are not entitled to know the specific nature of an employee's illness. You are only entitled to the following:

• ✉️ Confirmation that the employee is unfit to work.
• 📅 The expected duration of their absence.
• 📆 When they are medically fit to return.

🚨 When You Might Need More Information:

In rare cases, like 🦠 contagious diseases or roles involving 🏋️‍♂️ physical demands (e.g., a back injury in construction), requesting more information may be justified for health and safety reasons. However, this must be handled sensitively and in compliance with GDPR and employment equality laws.

🛡️ Potential Risks for Employers:

• Data Protection Breaches: Collecting unnecessary medical information can violate GDPR regulations, exposing your business to legal action and hefty fines.
• Discrimination Claims: If sensitive health information is misused—even unintentionally—you risk facing claims of disability discrimination under Irish employment law.

💡 Best Practices:

• Only request medical details when absolutely necessary and justified by law.
• Maintain strict confidentiality with any health information you receive.
• Ensure that your sick leave policies are compliant with data protection and anti-discrimination laws.

🔧 Need Guidance?

If you're unsure how to handle medical disclosures or want to ensure compliance with data protection and discrimination laws, book a call with a Granite Green, Employee Relations Advisor for expert support. 📞