Practice Group(s): Discrimination and Harassment
Sanford Heisler Sharp Associate Alok Nadig explains whether an employer can ask about a sick employee’s symptoms. If you have an issue about an employment matter, contact Sanford Heisler Sharp, LLP at sanfordheisler.com for more information.
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If I call in sick, can my employer ask me about my symptoms? [on-hold music] The answer is yes. If you report feeling sick at work or call in sick, your employer can lawfully ask you questions to determine if you have or may have COVID-19. Given current guidance from health authorities, this means that employers can ask whether you’re experiencing fever, chills, cough, shortness of breath, or sore throat,
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which are all symptoms associated with COVID-19. However, once your employer gets this information, they must keep it confidential, consistent with the requirements in the Americans with Disabilities Act, or ADA. Under the ADA, the basic rule is that with limited exceptions, employers must keep confidential any medical information that they learn about an applicant or employee. Information can be confidential even if it contains no medical diagnosis or treatment course, and even if the
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information isn’t generated by a healthcare professional.
