It is important for employers to get a sick employee back to work as soon as possible. To do this, they need information from the employee. This information is also needed to assess whether wages should continue to be paid. However, an employer is not allowed to request and process all data, because a sick employee has a right to privacy.
A research report published on March 3, 2016 by the Autoriteit Persoonsgegevens (formerly the Dutch Data Protection Authority) listed the information that may be requested by an employer from an employee when reporting sick and what data may then be processed.
What may an employer ask an employee when calling in sick:
The phone number and (nursing) address;
The probable duration of the absence;
ongoing agreements and work;
Whether the employee is covered under any of the safety net provisions of the Sickness Act (not under which);
Whether the illness is related to an accident at work;
Whether there is a traffic accident with recourse.
The following data may then be processed by the employer:
the work of which the employee is or is no longer capable (functional limitations, residual capabilities and implications for the type of work the employee can still perform), assessed and fed back by the occupational health and safety physician;
The expected duration of the absence;
the degree of the employee's disability (based on functional limitations, residual capabilities and implications for the type of work the employee can still perform) assessed and fed back by the occupational health and safety physician;
any adjustments or work arrangements that the employer must make as part of the reintegration process.
Thus, the employer himself may not ask what exactly is wrong with the sick employee and why. Inquiring about the nature and cause of the illness is not permitted by law. Even if the employee tells it on his or her own accord, the employer may not record it.
Thus, an employer may also not ask an employee to fill out a questionnaire requesting medical information (medical history (under the safety net rule) or medication use). Only the occupational health and safety service or company doctor may do this.
It is important to comply with these rules properly. The Autoriteit Persoonsgegevens pays particular attention to the processing of sensitive medical data and the use of personal data within the employment relationship and may conduct an investigation and impose a fine.
Take care when processing personal data of sick employees (part 2)
Take care when processing personal data of sick employees (part 3)
Take care when processing personal data of sick employees (part 4)
This article can also be found in the Privacy in the Workplace file
