When calling in are you asked "what's wrong with you"

nurseclm · May 9, 2012

It is illegal to do so. You are right it is a HIPAA violation.

msjellybean · May 9, 2012

My facility does ask and quite honestly, I don't really if they ask. It's how the illness is recorded. We use an online shift management system & depending on who takes your call-in, it's listed, almost verbatim, in the system why you're calling in. So anyone who has access to your unit's portion of the system can see it. I do have a problem with that.

TiffyRN, BSN, PhD · May 10, 2012

To ask you is a HIPAA violation. This practice should be discontinued because it is not legal.

HIPAA has nothing to do with employers asking about their employee's health. It might be against HIPAA for your employer to ask for any medical records or contact your personal healthcare provider. HIPAA has more to do with your personal healthcare providers not being able to release your medical information without your consent.

For example, if your patient's cousin called you (as the nurse) and asked for his cousin's medical information, you as the nurse cannot release any information. If the cousin calls the patient, the patient can give his cousin any information he wants to give, invite him in to look at his wound, it's up to the patient. Same thing would apply if your patient's employer called.

Now there may be labor laws (or union rules for some of you folks out there) that cover whether the employer can ask the employee about medical information, but that's not HIPAA.

Scarlette Wings · May 10, 2012

My understanding is that if you tell them that you have to take care of personal business they do not have the right to ask what it is. That is an invasion of privacy.

If you claim illness however, it can become an issue for infection control, exposing others to sickness, and there are truly infections that have a time period before you can return to work.

It is acceptable for them to ask, if you are claiming sickness, what treatment you are getting or when you will go to the doctor and that you must be afebrile without the use of anti-pyretics for at least 24 hours.

If it is a sick child then they may ask you but you should give an estimate of when you ca return to work. The year we had flu running rampant at our facility we had to refuse nurses working because they still had low grade temps using tylenol.

turnforthenurse, MSN, NP · May 10, 2012

We just say we are calling off. They shouldn't ask, though some supervisors are nosey and will.

JMBnurse · Aug 2, 2012

I have been a nurse for 16 years and worked in several different facilities. This thread is eye opening for me. I have never called in a lot, but I have always told the supervisor exactly what was wrong with me up front. I also don't give any room for guilt or pressure. I say, this is me, I'm sick. I have a fever and have been throwing up. I'm sorry, but I won't be able to come to work today, tomorrow morning, etc. I always, always called in with as much notice as I could manage. If I don't feel good when I go to bed, I usually know that I'm not going to feel better at 5 am, so I would go ahead and call in late the night before my shift. I was never questioned and they never gave me a hard time. I have seen other nurses I have worked with over the years given a hard time, but that was because they were "sick" all the time. It often seemed to occur on weekends when we were already going to be short staffed, too, and they had a tendency to call in an hour or so before their shift starts. I find that if you behave like a responsible adult, you will usually be treated like one.

nurseclm · Aug 2, 2012

That is not true. If you are ill, you may choose to tell them but you don't have to do so. If you come in, and want to speak to health nurse or management you should do so. As a responsible person, if you know you have or have had an infectious disease you may talk to them. Seek more information under the HIPAA law.