Can My Employer Legally Request Medical Documents or Health Information of My Family Members When Approving Leave or Work-from-Home Requests?
It is natural to wonder what type of medical information an employer can request, especially when it concerns not only you but also your family members. Typically, employers might ask for medical documents or certifications to support leave or work-from-home requests. However, when it involves a third party—like a spouse, child, or parent—the legality and ethical considerations become more complex.
Share more detailed breakdown of when such requests might be permissible or guidance on how to respond to such situations.
From India, Kolkata
It is natural to wonder what type of medical information an employer can request, especially when it concerns not only you but also your family members. Typically, employers might ask for medical documents or certifications to support leave or work-from-home requests. However, when it involves a third party—like a spouse, child, or parent—the legality and ethical considerations become more complex.
Share more detailed breakdown of when such requests might be permissible or guidance on how to respond to such situations.
From India, Kolkata
Hi,
Though Employer have no right to demand for medical documents related to family members of the employee at times it will become inevitable especially when there is a unusual leave request ( or work from home for longer period) from the employee, employer have no other option (in order to check the genuinity of the request) except to collect supporting proof from the employee. In the absence of proper medical supporting documents many employees might come with similar request ?
If an employee argues that employer have no right to collect proofs related to family who are not part of the organisation then employer also have no obligation to consider leave request which is applied based on the sickness of the family members who are not connected with the organisation.
For employees who are under old regime they have the option of claiming exemption for Health insurance premiums paid up to ₹25,000 paid for self, spouse, dependent children or parents. Up to ₹50,000 if family or parents are senior citizens (60 years and above). Even in this scenario employee will be advised to submit the copy of mediclaim document pertains to family members. This is Employer's right to scrutiny the documents for giving IT exemption.
From India, Madras
936Though Employer have no right to demand for medical documents related to family members of the employee at times it will become inevitable especially when there is a unusual leave request ( or work from home for longer period) from the employee, employer have no other option (in order to check the genuinity of the request) except to collect supporting proof from the employee. In the absence of proper medical supporting documents many employees might come with similar request ?
If an employee argues that employer have no right to collect proofs related to family who are not part of the organisation then employer also have no obligation to consider leave request which is applied based on the sickness of the family members who are not connected with the organisation.
For employees who are under old regime they have the option of claiming exemption for Health insurance premiums paid up to ₹25,000 paid for self, spouse, dependent children or parents. Up to ₹50,000 if family or parents are senior citizens (60 years and above). Even in this scenario employee will be advised to submit the copy of mediclaim document pertains to family members. This is Employer's right to scrutiny the documents for giving IT exemption.
From India, Madras
Then Can you elaborate on this
Section 43-A of the Information Technology (Amendment) Act, 2008 (the "IT Act") provides for protection of 'sensitive personal data or information (SPDI). Section 72-A of the IT Act provides for the protection of personal information and imposes punishment for disclosure of information in breach of a lawful contract or without the information provider's consent.
Under Rule 3 of the IT Rules, SPDI means “any personal information that contains information relating to passwords; financial information; physical, physiological and mental health condition; sexual orientation; medical history and records; and biometric information.”
The Information Technology Act of 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules of 2011 (the “IT Rules”) are currently the principal laws that deal with data protection. As per IT Act and the IT Rules, “personal information” and “sensitive personal data or information” -specifically, information related to passwords, and financial information, such as bank account, credit card, debit card, or other payment instrument details, physical, physiological, and mental health conditions, sexual orientation, medical records and histories, and biometric information – are what are sought to be protected most. T
From India, Kolkata
Section 43-A of the Information Technology (Amendment) Act, 2008 (the "IT Act") provides for protection of 'sensitive personal data or information (SPDI). Section 72-A of the IT Act provides for the protection of personal information and imposes punishment for disclosure of information in breach of a lawful contract or without the information provider's consent.
Under Rule 3 of the IT Rules, SPDI means “any personal information that contains information relating to passwords; financial information; physical, physiological and mental health condition; sexual orientation; medical history and records; and biometric information.”
The Information Technology Act of 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules of 2011 (the “IT Rules”) are currently the principal laws that deal with data protection. As per IT Act and the IT Rules, “personal information” and “sensitive personal data or information” -specifically, information related to passwords, and financial information, such as bank account, credit card, debit card, or other payment instrument details, physical, physiological, and mental health conditions, sexual orientation, medical records and histories, and biometric information – are what are sought to be protected most. T
From India, Kolkata
Hi,
By submitting medical proof you are not sharing any sensitive personal information / financial / password details right ?
More over information gathered by HR will be stored in your personal file only.
What harm from employer you are anticipating by sharing the medical illness related information.
In case of female employees unless otherwise they disclose their pregnancy or miscarriage with proper medical documents they will not be able to claim for the leave benefit under the Act.
From India, Madras
By submitting medical proof you are not sharing any sensitive personal information / financial / password details right ?
More over information gathered by HR will be stored in your personal file only.
What harm from employer you are anticipating by sharing the medical illness related information.
In case of female employees unless otherwise they disclose their pregnancy or miscarriage with proper medical documents they will not be able to claim for the leave benefit under the Act.
From India, Madras
Exactly how does IT act apply to a case of an employer asking for medical information of your family?
Also, Did you ask for WFH claiming ill health of family members? If you did, then they are very much entitled to ask for medical records. If not, then please tell us the context in which they are asking for the information
From India, Mumbai
Also, Did you ask for WFH claiming ill health of family members? If you did, then they are very much entitled to ask for medical records. If not, then please tell us the context in which they are asking for the information
From India, Mumbai
Dear member,
The lack of trust could be the underlying issue of checking the medical documents while approving the leave, or sanctioning the work-from-home (WFH) facility. Some of the staff members might have availed of leave under the false pretext of the sickness of a family member or misused the facility of WFH making the authorities concerned suspicious. To avoid the repetition of falsification or misuse, they are verifying whether the requirement is genuine or not.
Yes, the medical history of an individual is absolutely a private matter. However, while submitting the medical documents, the employee may request to maintain the confidentiality of the family member's disease. Otherwise, the employee may carry the medical file of the sick family member and show it to the authorities concerned. Therefore, proof of submission of the documents, either in soft or hard copies, does not remain with the employer.
To run the administration of the company, it is important for the authorities concerned to promote a culture of evidence-based decisions. To promote this culture, it is important to enforce a culture of verification. The verification culture creates a deterrence in the minds of fraudsters and helps prevent potential fraud. This also may be the reason for asking to submit the medical documents.
Thanks,
Dinesh Divekar
From India, Bangalore
The lack of trust could be the underlying issue of checking the medical documents while approving the leave, or sanctioning the work-from-home (WFH) facility. Some of the staff members might have availed of leave under the false pretext of the sickness of a family member or misused the facility of WFH making the authorities concerned suspicious. To avoid the repetition of falsification or misuse, they are verifying whether the requirement is genuine or not.
Yes, the medical history of an individual is absolutely a private matter. However, while submitting the medical documents, the employee may request to maintain the confidentiality of the family member's disease. Otherwise, the employee may carry the medical file of the sick family member and show it to the authorities concerned. Therefore, proof of submission of the documents, either in soft or hard copies, does not remain with the employer.
To run the administration of the company, it is important for the authorities concerned to promote a culture of evidence-based decisions. To promote this culture, it is important to enforce a culture of verification. The verification culture creates a deterrence in the minds of fraudsters and helps prevent potential fraud. This also may be the reason for asking to submit the medical documents.
Thanks,
Dinesh Divekar
From India, Bangalore
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