this post was submitted on 19 Jul 2023
398 points (97.6% liked)
Asklemmy
43948 readers
932 users here now
A loosely moderated place to ask open-ended questions
If your post meets the following criteria, it's welcome here!
- Open-ended question
- Not offensive: at this point, we do not have the bandwidth to moderate overtly political discussions. Assume best intent and be excellent to each other.
- Not regarding using or support for Lemmy: context, see the list of support communities and tools for finding communities below
- Not ad nauseam inducing: please make sure it is a question that would be new to most members
- An actual topic of discussion
Looking for support?
Looking for a community?
- Lemmyverse: community search
- sub.rehab: maps old subreddits to fediverse options, marks official as such
- [email protected]: a community for finding communities
~Icon~ ~by~ ~@Double_[email protected]~
founded 5 years ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
I'm not sure it would be legal if they were forced to reveal medical information.
Christ are we going to be having "hippa"(sic) arguments again?
You can refuse to answer - I sure would. Or just say you have an appointment. Being asked is not illegal.
Then I assume the jerk will just deny your request.
Right, but if you're request for denied for something medically necessary unless you revealed it, you went anyway (because it's necessary), and then you got fired... That feels like it shouldn't be legal (obviously that doesn't mean that it isn't).
It's up to you to reveal it or not. It's not a "request" if it can't be denied.
People think hippa is magical medical privacy. It has fuck all to do with telling your manager anything. It only applies to medical professionals or those who may see your records as part of their job. If your manager also processes insurance claims, then it applies, otherwise it's not different than telling a neighbor.
That would be a violation, but it is perfectly m legal to ask if someone is going on generic “sick” or “medical” time off or leave. Every company I’ve ever worked for has had be declare my PTO as sick leave or discretionary time off. And the latter is what it means, it’s at the discretion of the manager to approve it.
Sure, but that assumes this manager would be happy with generic "medical stuff" as an answer...
Worst comes to worst, they could ask for a doctor's note. And doctors notes are always pretty generic and basically say "yup, they can't work." But if the manager does ask for Dr's notes, they need to apply the policy equally to all employees.
It's usually a HIPAA violation if an employer asks for specifics about a medical issue.
Source: I'm a people manager who has had to go through a bunch of trainings about these laws.
Sorry but most restaurant work doesn't come with paid time off or sick leave. You either work and get paid or don't work and don't get paid.