HR can be just unbelievable!HR are saying that I won't be paid now unless they get a new note with the illness recorded on it & are not prepared to write to GP for it.
My GP told me he can longer do that due to the data changes
Hi. Two points here:
One: as stated above, our laws and DP laws are clear that your employer is not entitled to know the details of your illness unless that itself becomes an issue regarding your ongoing or future work ability and that is where Occupational Health/Company doctor come in.
Two: You GP is interpreting GDPR overly strictly. As you are the data subject and you asked him to put the nature of your illness on your cert, he should have complied even if he asked you to sign something in writing about it.
You can choose to drag your HR department and managers through the hedge on this, apparently minor illness which you had no problem disclosing, or you can write to your GP and ask for confirmation of his most recent diagnosis in relation to your cert.
Is it worth antagonising your management over this?
I would say it is worth antagonising the management. It is a extremely dangerous policy for a company. Women in the early stages of pregnancy, people with mental illness, people with STD's, People with stress would all have to reveal information with who knows who in 'HR'. They have no right to the data and in fact are opening themselves to large fines under GDPR for requesting personal data that is not warranted. If they want detailed medical records, a company doctor should contact the GP and the GP can hand over details with the employees consent but the details of the condition should never be handed over to the company management or HR.
All of what you say here is correct but it's not your or my career at risk in this situation.
And the GP is technically correct not to share the data with your employer. Most GP's have a data policy about who they can share medical details with and it is usually limited to other medical organisations/doctors, HSE, and some medical research. If you company wants the data, they should make an official request and it should be signed by you. And even then, you shouldn't agree to it.
The GP should follow the wishes of the data subject who asked him to disclose the nature of the illness. Also, a request from the company which is countersigned by the employee may be considered 'forced' and is not allowed under Data Protection.
they should have some entitlement to know why
Under current legislation, they have no entitlement to such information. They only need to know is whether the person is fit to work or not.
All of what you say here is correct but it's not your or my career at risk in this situation.
this is some nonsense, if someone is paying you while you arent available to work they should have some entitlement to know why, doesnt have to go into specifics.
i understand that but its nonsense. In reality anyone who goes to a doctor who wants to be signed off will get signed off. We had someone get signed off by a doctor for 2 weeks the afternoon after they were questioned about the quality of their work. There was nothing wrong apart from being annoyed at being questioned.
In this scenario it was a non irish person going to a doctor of the same nationality.
Companies that pay during illness should have a discretionary sick pay policy, if a company pays sick pay at the moment there isnt enough protection as doctors will give certs out as long as their consultation fee is covered.
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