Know Your Rights: Sick Calls and Medical Privacy
We’ve all been there—you wake up sick and the last thing you want to do is navigate a complicated call-in procedure. Knowing your rights is the first step in protecting yourself.
Your union is committed to ensuring your employer respects your medical privacy. This post will clarify what is—and what is not—required when you call in sick.
What IS Required When You Call In Sick?
Your responsibility is to inform your employer that you are unable to work. You are generally required to state:
1. That you are unwell and unable to report for your shift.
2. The expected duration of your absence, if you know it (e.g., “I will be off today,” or “I will be off for the next three days”).
That’s it.
What IS NOT Required?
You are NOT required to provide your specific medical information. This includes:
- Your symptoms (e.g., “I have a fever,” “I have food poisoning”).
- Your specific diagnosis (e.g., “I have the flu,” “I have COVID-19”).
- The “origin” of your sickness or how you got it.
Your diagnosis is private medical information between you and your healthcare provider. Your supervisor or colleagues are not entitled to it.
What About Doctor’s Notes?
B.C.’s laws have recently changed to protect workers and our healthcare system.
- For Short-Term Absences: The government has passed legislation (Bill 11) that prohibits employers from demanding a doctor’s note for a short-term (3 days or less), health-related absence.
- For Longer-Term Absences: If you are on a longer medical leave, (more than 3 days) your employer may request a doctor’s note. However, even this note should NOT contain your diagnosis. It should only confirm:
1. That you are under a medical professional’s care.
2. The dates you are medically unfit to work (the prognosis).
3. Any functional limitations you may have upon your return (e.g., “no lifting over 20 lbs”).
We Are Taking Action
It has come to our attention that at least one manager within the City is seemingly abusing their authority by systematically demanding medical details from members who are calling in sick.
This would be a serious violation of your privacy rights, and it is unacceptable.
CUPE 1048 is actively pursuing a grievance to stop this practice immediately. This manager’s actions are an overreach of their role and a breach of trust. We will hold them accountable.
If This Is Happening to You
Your privacy is non-negotiable. If you are asked to provide specific symptoms or your medical diagnosis when you call in sick, do not provide it.
Politely state: “I am confirming I am unwell and unable to work. My medical information is private.”, repeat this statement as necessary.
Then, contact your shop steward or the union office immediately. Your report will be kept confidential and will strengthen our case to protect all members.
In solidarity,
CUPE 1048 Executive