Employers should be cautious when enforcing their sick leave or medical leave policies if they require their employees to specifically explain or identify the diagnosis of their medical condition when seeking leave. An employer can require that an employee provide documentation from their treating physician that they have been excused from work for a medical problem; but they may not be able to require the employee to reveal the specific diagnosis or nature of their medical problems.
Recently, the Dillard’s Department Store chain settled a very large class action with the EEOC. Dillard’s had been charged with violating the Americans with Disability Act (ADA) because it required workers who took sick leave to reveal confidential medical information. Under Dillard’s sick leave policy, employees were required to submit a doctor’s note not only explaining that they were being treated, but also to identifying the exact nature of their medical condition. The EEOC claimed that workers who did not disclose the details of their treatment were fired.
Certainly an employer does have the right to inquire as to the basis for medical leave if the employee is seeking protection under the FMLA or if the leave requested by the employee runs beyond the leave provided by the employer under their sick leave or medical leave policies. In the latter situation, the employer may need the information to determine if the employee is entitled to an accommodation under the ADA and may then engage in the interactive process to determine if additional leave is a reasonable accommodation for that individual. However, if the employee is merely asking for leave under an existing leave policy, the EEOC will continue to consider any request by the employer for specific medical information a violation of the ADA, especially if the employee is disciplined for failing to provide such information. Employers should be cautious in making these types of general requests when enforcing their sick leave policies.