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Can employers ask what sickness you have

  • 17-09-2020 8:48am
    #1
    Registered Users, Registered Users 2 Posts: 17


    Can employers ask you what illness you have if you ring to say you are feeling unwell?


Comments

  • Registered Users, Registered Users 2 Posts: 6,555 ✭✭✭Augme


    They can ask but you don't have to answer and they can't discipline you for not answering.


  • Registered Users, Registered Users 2 Posts: 10,899 ✭✭✭✭28064212


    They generally shouldn't ask directly, as it opens them up to potential discrimination or intimidation claims. I doubt there's any explicit legal ban on them asking though, context would be very important.

    However, employers also have to balance that against their responsibility to protect both you and other staff. Asking about your COVID19 status in the current climate would almost certainly be seen as reasonable and proportionate. Attempts to establish whether you are fit to work may also be seen that way e.g. if it's a physically demanding job, you may be asked to establish fitness-to-work.

    Basically, there is no simple answer

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  • Registered Users, Registered Users 2 Posts: 28,691 ✭✭✭✭drunkmonkey


    Be honest, they won't tell everyone, if it was elephantis of the balls or something like that just say it's a medical problem you'd like to keep private.
    If it's mental health related and possibly work related have an open conversation about your worries they may help.
    If it's not covid them them it's not as you'll be panicking the rest of the staff and your employer.


  • Registered Users, Registered Users 2 Posts: 27,367 ✭✭✭✭GreeBo


    Assuming there is nothing else going on that would lead them to question your authenticity, I'd just tell them that its not COVID, assuming it isnt!


  • Registered Users, Registered Users 2 Posts: 26,288 ✭✭✭✭Mrs OBumble


    Sometimes.

    If the job involves food handling, there are some jobs where you need to declare certain food-borne illnesses

    If the job involves stressful situations and critical safety, there are some jobs where you have to declare mental illnesses.

    And I heard the other day about a company who've decided to allow extra sick leave for anyone with Covid. So obviously you have to tell them if you want it.


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  • Registered Users, Registered Users 2 Posts: 3,733 ✭✭✭OMM 0000


    Quantum85 wrote: »
    Can employers ask you what illness you have if you ring to say you are feeling unwell?

    I cannot imagine there is any law which disallows an employer from asking what illness you have.

    A manager who wants to know why you're sick is asking because they want to know how long you will be out.

    So when a manager asks what illness you have, and you don't want to tell them, you can say something generic like "it's a problem with my stomach" and give a guide on when you'll be back in work.

    You gain nothing from being difficult, so just answer like a politician would.


  • Registered Users, Registered Users 2 Posts: 6,036 ✭✭✭trellheim


    Certain jobs require you to pass a medical ( Airline pilot)

    Employers can ask so they can take precautions and plan accordingly for absences . Employers are not, however, qualified to judge whether you are indeed sick or not ; thats what Doctors are for and hence most employers have rules about uncertified sick leave.


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