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an employer keeps track of employees' absence for health reasons That works differently in Europe. Employee health is a personal matter, and the employer does

by tremon 6y ago

an employer keeps track of employees' absence for health reasons That works differently in Europe. Employee health is a personal matter, and the employer does not get automatic access to that information. The employer can get a dedicated physician (affiliated but not employed by your employer) to assess your illness and guide you back to work, but even then the physician's records are off-limits to the employer. Speaking only for NL here, but I think the regulation is the same EU-wide. When you call in sick, you are not obligated to answer any questions from your employer except: - whether the cause of the illness is (or might be) work-related - how much time you expect to be out - discuss a next moment of contact (phone appointment or presence in the office) Any data regarding the illness itself is off-limits for the employer, you are allowed to volunteer the information but the employer strictly isn't even allowed to ask.

mytailorisrich 6y ago
I am writing from Europe. I am not suggesting that an employer has access to employees' medical records. However, the fact is that employers will reasonably keep track of sicks leave and will in practice (and quite reasonably) have knowledge of health information very often including the illness. Personally, I think things start to go too far. Saying that "employee health is a personal matter" is going too far. Intimate details are of course personal and people may not want to share too much (and that's fine) but an employee's health insofar it impacts their job very much concerns the employer, but it must be handled lawfully, reasonably, and tactfully by them. If the employer has a clear picture it is not necessarily negative for the employee as it means that the employer can adapt and take the appropriate supportive action. I think that the legislator recognises this, seeing that employment is an exception to the GDPR's ban on health information processing (obviously without reason).
usr1106 6y ago
> Speaking only for NL here, but I think the regulation is the same EU-wide. In Germany the doctor only certifies that the employee is unable to carry out their work duties. The reason why is a secret between doctor and patient. In Finland the doctor sends the ICD code to the employer. So there is no EU-wide regulation. IIRC GDPR says that data is protected unless the exchange is regulated by a law or the subject has consented. (It's been a while I read it...) Laws are national.

by tremon 6y ago

mytailorisrich 6y ago

I am writing from Europe. I am not suggesting that an employer has access to employees' medical records. However, the fact is that employers will reasonably keep track of sicks leave and will in practice (and quite reasonably) have knowledge of health information very often including the illness. Personally, I think things start to go too far. Saying that "employee health is a personal matter" is going too far. Intimate details are of course personal and people may not want to share too much (and that's fine) but an employee's health insofar it impacts their job very much concerns the employer, but it must be handled lawfully, reasonably, and tactfully by them. If the employer has a clear picture it is not necessarily negative for the employee as it means that the employer can adapt and take the appropriate supportive action. I think that the legislator recognises this, seeing that employment is an exception to the GDPR's ban on health information processing (obviously without reason).

usr1106 6y ago

> Speaking only for NL here, but I think the regulation is the same EU-wide. In Germany the doctor only certifies that the employee is unable to carry out their work duties. The reason why is a secret between doctor and patient. In Finland the doctor sends the ICD code to the employer. So there is no EU-wide regulation. IIRC GDPR says that data is protected unless the exchange is regulated by a law or the subject has consented. (It's been a while I read it...) Laws are national.