Do I have to disclose my illness or disability to my employer? – Employee Rights/Work Relations

If you have been diagnosed with a chronic illness or suffer from a disability, perhaps the first thing that comes to your mind is, “What details must I give my employer about my illness or disability?” In the future, there may be time off from work for medical examinations and treatment. Will this affect my employment?

It is important to be aware of your employment law rights.

Do I need to tell my employer about my illness or disability?

You are not required to disclose any chronic illness or disability to your employer unless it affects your ability to perform the job for which you are employed or affects your or someone else’s health and safety at work. is not. Whether or not to tell your employer is a personal decision and you are not legally obligated to do so.

Importantly, if you tell your employer, they are not allowed to share your information with others without your consent.

Is there any benefit in telling my employer about my illness or disability?

Telling your employer about your chronic illness or disability is a personal decision. However, there are times when it is beneficial to keep your employer informed of your status.

Having a chronic illness may require frequent visits to a doctor. In such cases, we recommend that you notify your employer so that your attendance record is not questioned. Similarly, if you need to take medication at work, your employer (and/or co-workers) may ask you questions about this and how it might affect your work.

Your employer also has an affirmative obligation to reasonably arrange work for you so that you can meet the specific requirements of your job. Failure to do so may constitute unlawful discrimination. In order for your employer to be able to make “reasonable adjustments”, you will need to provide your employer with a letter from your doctor stating the adjustments necessary to enable you to perform your job.

If your chronic illness requires special treatment, such as additional breaks or a different work schedule, you should obviously discuss this with your employer. Remember, you only need to provide your employer with information about

Basically, you don’t need to tell your employer if:

• You can work as if you were not sick or disabled.




• I am worried about discrimination and harassment in the workplace.




• Do not expect your employer to support you;




• Outside of work, I already have enough support and don’t feel like I need more at work.

Protection from dismissal for sick leave

To be protected from unfair dismissal for absence from work due to sickness or injury, you must provide proof of sickness or injury if:

• Missed work for less than 3 months in a row, or less than 3 months in the last 12 months.Also




• I am still using my unpaid paid sick leave.

The evidence you need to provide for your illness must be reasonable, such as a medical certificate. However, this does not require specifics about your illness. You must state that you are unable to work for a period of time due to ill health.

You are no longer protected from unfair dismissal for absenteeism (even if you provide evidence) if:

• More than 3 consecutive months absent or more than 3 months total in the last 12 months.When




• Did not take paid leave due to medical condition or disability during the period of absence (although stated).

However, employers cannot “automatically” fire you if you have been out of work for more than three months. There may be other options, such as general protections and state and federal discrimination laws, that you can use to protect your employment rights.

Again, you are legally obligated to tell your employer if your condition affects your ability to perform your job or if it poses a health and safety problem for others. I’m here.

get help

If you have been diagnosed with a chronic illness or have a disability and are unsure whether to advise your employer, please contact one of our unions or award-winning employment attorneys to discuss the matter confidentially.

The content of this article is intended to provide a general guide on the subject. You should seek professional advice for your particular situation.