Is this Legal?

[widi96]

Our hospital has implemented a new policy when calling in. After we notify our supervisor, we are required to call the employee health nurse with a detailed description of what is wrong with us. They are to know if we have seen a physician, what treatment they are prescribing, etc. The hospitals excuse is that they are trying to make sure we aren't infectious. I, along with many others at our hospital, are quite offended by this and personally don't think it is any of their business what TYPE of illness we have. That should be between us and our physicians.

Previously I was under the impression it was illegal for an employer to demand to know what was wrong with you. (This is in Missouri). If anyone knows if this is true or not, I would appreciate knowing. Also, knowing who to report it too would be great.

[CHATSDALE]

i don't know if hippa extends to employee/employer or if it is just a patient information

i agree that if there is a pattern, like calling in on holidays or always calling in just before shift starts then there can be face to face discussion but losing your cool over the phone is not tactful and will create resentment

[miko014]

i don't know if hippa extends to employee/employer or if it is just a patient information

i agree that if there is a pattern, like calling in on holidays or always calling in just before shift starts then there can be face to face discussion but losing your cool over the phone is not tactful and will create resentment

Well, the employee is also a pt in this case. I think if there is something long term, like FMLA or many absences, maybe then they have a right to know. But just because someone has the crud, or a migraine, or arthritis that is acting up and has to call in one time doesn't mean they should have to tell their employer every gory detail. I mean, if someone has the flu and calls in sick at McDonald's, do you think a nurse is probing into every intimate detail? Probably not. So why should they do it at the hospital? Again, I don't know what the HIPAA law says exactly regarding this situation, but it seems to be a huge invasion of privacy and could very well be against the law. I mean, if I can get fired for looking up my own health information, how does my boss have the right to demand that same info from me?? (And mine doesn't, I'm just saying that I am against a policy like that!)

[santhony44, MSN, RN, NP]

I don't think it's any of their business. I'm not a lawyer, but I have doubts about its legality.

Unless something going on is work-related, I don't think the employer needs to know.

[Babs0512]

Normal, yes, but should you, no. If I talk with our infection control officer, she will tell you to stay home if you are running a fever, or have nausea, vomiting, and diarrhea. However, my boss doesn't care if you've been in the ER all night being treated, I should still be able to work. (actually been in that situation)

It's very sad and unfortunate, but often we are a warm body - and it creates a hassle for everyone on the unit if a person (or more) call in, so there is always pressure to "take one for the gipper!" and come in to work.

I learned a long time ago, a hospital or clinic or LTC facility are businesses. It's all about the almighty $$$ - staff are expected to give, give, give, but when the staff needs understanding - the employer often turns it back.

[Riseupandnurse]

I had a huge draining boil under my arm one New Year's Day. I went to the hospital's ER and had it drained and an IVPB, then I called the supervisor from the ER I couldn't work evenings due to instructions from the ER doctor not to (especially on a surgical floor, which is where I was scheduled.). The supervisor came over glared at me, and informed me I would darn well be making up the holiday. I told her I didn't feel that bad and would be glad to report for work right then if she would take responsibility for it. Which of course she wouldn't. Come on, you can't have it both ways. If patients have germs, so can nurses.