Sick-leave hotlines and employee diagnoses

Overview

The NPC considered an employer hotline that collected the reason for sick leave. A project lead would see the absence and its duration, while a health team might receive specific conditions. Health data require a Section 13 basis, a stated purpose, limited access and a proportionate collection process; the opinion did not give employers general permission to demand every diagnosis.

Practice implications

Parao Law practice guidance

For physicians

For a work-absence request, ask what the employer actually needs: dates, a fitness assessment, or a reportable condition. Keep diagnosis details within an authorized clinical or occupational-health channel. Explain to the patient what a certificate will disclose and avoid sending a full chart to a supervisor.

For lawyers

Map each requested field and recipient to a purpose and a lawful basis for sensitive data. Check any applicable leave, occupational-health or disease-reporting rule. Give employees a clear privacy notice, limit access by role, set retention and assess whether a less intrusive certificate will suffice.