When notifying my employer that my doctor is recommending that I go out on short-term disability, do I have to disclose my diagnosis?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
When notifying my employer that my doctor is recommending that I go out on short-term disability, do I have to disclose my diagnosis?
I am concerned about disclosing that my reason for short-term disability is clinical depression. I am a controller for a small organization with only about 20 full-time employees. I handle HR and I’m not sure whom I would notify and if it could done by e-mail? I’m not comfortable telling my supervisor that just started at the end of December or the President who has only been with us for a short time. I am worried about the stigma associated with depression affecting my career at this organization and my future employability.
Asked on February 26, 2012 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, you would have to disclose the diagnosis, at least in general terms (i.e. you don't necessarily need to go into all details):
1) First, the doctor has no authority over the employer; the employer is not required to simply accept the doctor's recommendation at face value without inquiring into the facts, condition, issues, etc.
2) Second, your rights and the employer's obligations depend in large part on the nature and severity of the condition, and also whether or not it can be traced to some injury at work; the employer therefore needs to know, and has a right to know, what the condition is, so it can comply with its obligations under the law.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.