GDPR and sick employees

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Once employees get sick, several parties exchange data about them. The main parties involved are the sick employee itself, the employer, the company doctor, the occupational health and safety service or re-integration company, the Employee Insurance Agency and the absence insurer. For employers, it is important to get sick employees back to work as soon as possible. For this, they need to have information about them. On the other hand, sick employees right to privacy. It is therefore not legally allowed for employers to inquire into the nature and cause of the disease of their employees. Only the occupational health and safety service or company doctor may process this medical data.

Necessary data

Employers may ask sick employee’s necessary data to evaluate how to proceed with their work. For example, when does the employee expects to be at work again and if there are any current arrangements are that needs to be done?

Enable the occupational health and safety service/ Company doctor

It also allows the employer to enable the occupational health and safety service/ Company doctor to get an opinion about the possibilities and limitations of the employee. The employer may then work together with the employee see what work the employee (yet) can do.

“ Privacy.......... I have nothing to hide but that doesn’t need anyone to know "
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