Can Employers Legally Ask for Your Family's Medical Info for Leave Requests? Let's Discuss!

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 a more detailed breakdown of when such requests might be permissible or guidance on how to respond to such situations.

Hi, Though employers have no right to demand medical documents related to family members of the employee, at times it becomes inevitable, especially when there is an unusual leave request (or work from home for a longer period) from the employee. Employers have no other option, in order to check the genuineness of the request, except to collect supporting proof from the employee. In the absence of proper medical supporting documents, many employees might come with a similar request.

If an employee argues that an employer has no right to collect proofs related to family members who are not part of the organization, then the employer also has no obligation to consider leave requests that are based on the sickness of family members who are not connected with the organization.

For employees who are under the old regime, they have the option of claiming exemption for health insurance premiums paid up to ₹25,000 for self, spouse, dependent children, or parents, and up to ₹50,000 if family or parents are senior citizens (60 years and above). Even in this scenario, employees will be advised to submit a copy of the mediclaim document pertaining to family members. It is the employer's right to scrutinize the documents for giving IT exemption.

Hi, by submitting medical proof, you are not sharing any sensitive personal information, financial, or password details, right? Moreover, information gathered by HR will be stored in your personal file only. What harm from the employer are you anticipating by sharing the medical illness-related information? In the case of female employees, unless they disclose their pregnancy or miscarriage with proper medical documents, they will not be able to claim the leave benefit under the Act.

How does ITA apply to employer requests for family medical information?

Exactly how does ITA apply to a case where an employer is asking for medical information about your family?

Context of work-from-home requests

Also, did you ask for WFH claiming the 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.

Dear member,

The lack of trust could be the underlying issue in checking the medical documents for leave approval or sanctioning the work-from-home (WFH) facility. Some staff members might have taken leave under false pretenses regarding a family member's sickness or misused the WFH facility, leading the authorities to become suspicious. To prevent falsification or misuse, they are verifying the authenticity of the requirements.

While an individual's medical history is a private matter, when submitting medical documents, the employee can request to maintain the confidentiality of the family member's illness. Alternatively, the employee can present the medical file of the sick family member to the authorities. Therefore, proof of document submission, whether in soft or hard copies, does not remain with the employer.

For effective company administration, it is crucial for the authorities to promote a culture of evidence-based decision-making. This culture can be fostered through the enforcement of a verification culture, which acts as a deterrent to fraudsters and helps prevent potential fraud. This could be one of the reasons for requesting submission of medical documents.

Thanks,

Dinesh Divekar

Lack of trust or denial of request?

Prima facie, it appears there might be a 'lack of trust' in you or a denial of your request for WFH/Leave. Can you shed some light on why the employer is asking for these details? Is it in any way connected to arranging health insurance for family members or simply with regard to the WFH request made by you only? In any case, it seems you are in a disadvantageous position. Handle it tactfully so that you gain their confidence instead of straining the rapport with your admin.