Can the unit ask for the medical records of the diseased workers?

Basic case

Part 01

In December 2021, the law enforcement brigade of the Human Resources and Social Security Bureau from Tang to Xuhui District complained that Company A had not paid its sick leave salary in November 2021. After receiving the case, the Xuhui Brigade implemented labor supervision on Company A according to law.

After investigation, Tang entered Company A in July 2002. Due to mental illness, Tang had successively submitted sick leave orders to Company A since April 2021 and applied for sick leave. On October 20, Company A sent a written notice to Tang Mou that according to the company's "Employee Manual", the company had the right to review employees' condition and obligations, asked Tang to provide information such as medical records and other information, and went to the designated hospital for treatment. After receiving the notice, Tang went to the designated hospital for treatment and submitted the sick leave list of the designated hospital through the nail system. On November 5, the unit sent an email to Tang and asked Tang to submit medical record materials again. Tang said that because of personal privacy, and the company had sent someone to the designated hospital to verify the authenticity of the sick leave, and refused to provide provided providing provision Medical record materials. On November 8th, Tang once again applied for the sick leave on November 30 through the nailing system, and submitted the sick leave list of the designated hospital. Consissed by absenteeism. After the Xuhui Brigade reviewed the application of Tang's sick leave, the sick leave list, the company A rules and regulations, and the salary issuance certificate in November, it issued an order notice to Company A to ask Company A to pay Tang's sick leave salary within the designated period. Company A rectified within a time limit.

Comprehensive review

Part 02

In practice, employment disputes caused by illness leave frequently. Once the employer controls the cost of operating costs, it is understandable to prevent the "bubble disease leave" of the diseased workers from "bubble disease leave", but pay attention to legal compliance.

In this case, the employer in this case is to exercise the right to leave the disease. When the employer has doubts about the sick leave of the workers, the employee is required to go to the designated hospital for consultation and submit the medical record materials and lack the legal basis. During the extensive implementation of public medical care, the employer arranged for workers to go to the designated hospital for treatment. However, the medical insurance system has been established and has become increasingly improved.

Therefore, the premise that the employer requires workers to go to the designated hospital for treatment is no longer re -existed. The sick workers can choose the appropriate hospital for treatment according to convenience, treatment needs, and professional trust. As for the medical record materials, according to the provisions of Article 28 and 29 of the Personal Information Protection Law, medical and health information is a sensitive personal information. In the case, you can query or use it if you obtain a individual alone. Even if the employer has formulated rules and regulations through democratic procedures, it is invalid due to conflict with legal.

After the employer in this case put forward the request, the workers have visited the designated hospital for treatment. At the same time, they also clearly stated that because the disease involves privacy, they do not agree to submit medical record materials, and the employer has already verified the authenticity of the sick leave list. The legitimacy and authority should be recognized.

Edit: Wang Jiaxin

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