Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Please clarify: The OP wants to use his sick time for his child's doctor's appointment? Wouldn't vacation/personal time be more appropriate?
No, legally you are able to use your sick time for immediate family members.
This is not really true. In some states you can use a limited number of days for this. The employer is sort of messing up but there’s some basi do what they are saying. Here’s the issues:
1) does your policy allow you to fake sick leave for children’s illness? If so, follow the rules in that policy.
2) do you work in a state like DC that allows you to take a certain number of days for family sick leave? If so, provide enough info that they know it is covered by the law (which is DC is the ASSLA.)
3) is the illness FMLA covered (maybe). If so, the employer is entitled to track is against your 12 week entitlement (16 in DC). Taking one day is not worth tracking for most employers but if their HR delarent is very rigid, I can see them just asking as a matter of course. You can say it a not a serious health condition in which case it won’t be FMLA protected. If you want the FMLA protection you need to give sufficient medical facts to establish it’s a serious health condition (you can look that definition up easily online).
Again, #2 and #3 don't apply here -- OP is using paid sick leave granted by his job and the boss is not questioning it being used for a family member so that's clearly within the policy. If his policy didn't cover appointments for family members, the boss would just say "sorry our policy doesn't cover that, you need to use personal leave for that."
But the sort of leave being used doesn't change the fact that it is a violation of privacy laws to request detailed information about OP's or their child's medical care. They can ask for documentation from a doctor just to verify that the sick leave is being used for a proper medical purpose. They cannot ask what the diagnosis is or anything related to that (how long it's been going on, how sick they are, etc.).
There are multiple reasons for the privacy limitation. One is that if an employer asks about details of your medical diagnosis, it creates a risk of discrimination. For instance if my boss demands to know why I have had several doctor's appointments in recent months and I reveal it's because I am pregnant or trying to get pregnant, this creates a risk of discrimination against me for family or pregnancy status, which is illegal. Thus employers are not supposed to ask. The same concerns extend to medical conditions of family members, since asking about your spouse's medical diagnosis or that of your kid could be viewed as discriminating against someone for family status. This is also why employers are never supposed to ask if you are pregnant or trying to get pregnant, or even whether you have kids (they are supposed to wait for you to disclose this info).