Health data? (Almost) none of your employer’s business!
If you’re ill, you have to call in sick – of course. But you usually do not have to mention specifically what is wrong. Whether it’s a cold, burnout or rehab: that remains private. The employer must and may only know that you are ill and for how long. Nothing more.
Why? Because health data is sensitive information and therefore protected more than other personal data. It may only be processed if there is a special legal basis for this.
But: The employer also has rights, of course! If they have doubts about the incapacity to work and suspect that the employee does not have a valid reason to not come in to work, they can request an examination by the health insurance’ medical service (in Germany). The medical service checks the employee’s situation and then (only) report: “fit for work” or “not fit for work”. No details e.g. regarding a diagnosis.
There are other exceptions – especially when it comes to protecting yourself or others.
Even then, the employer does not receive any details or diagnoses. They only learn the result – for example: “fit for work”, “may perform this activity” or “this is not possible”.
Examples of such exceptions:
- Continued payment of wages after six weeks:
As a rule, German employers continue to pay wages for up to six weeks if an employee is ill. After that, the employee’s health insurance step in – but only where the reason for sick leave stays the same. If this reason changes, the employer must continue to pay the employee’s wages. The employer may therefore ask the health insurance whether it is a new illness. - Company integration management:
After a long period of illness, German employers must offer an integration management. Participation is voluntary. If employees decide to take part, they also provide information about their health. However, this information remains strictly confidential, even within the company, and must be kept separate from e.g. the employee’s personnel file. - Sharing health information voluntarily?
There may also be situations in which employees wish to voluntarily share details about their health with the employer, e.g. if they have a severe disability: Sometimes this means additional paid time off. Important: Even information shared voluntarily must be treated confidentially by the employer
Summary:
Nobody has to tell their employer details about their state of health. However, in certain cases, the employer may still obtain certain additional details – but only the bare minimum.