Medical Records Employers are not allowed to know everything

What are employers actually allowed to know about the medical record?

03/29/2015

On the occasion of the crash of the German Wings machine in the French Alps, people are currently cooking up their spirits. There is a lot of discussion about causes and safety precautions. And also about the fact that the copilot, who apparently caused the catastrophe, was mentally ill, without this being known in the company. But what is the employer actually allowed to know about the medical records of employees?

Copilot of the crash machine was on sick leave
The crash of the German Wings machine in the French Alps is, according to current knowledge, due to the fact that the copilot deliberately brought the aircraft into descent. According to media reports, the 27-year-old was on sick leave but went to work anyway. The employer had reportedly knew nothing about the sick leave. Many workers go to work sick, according to a representative DAK health survey last year. What employers actually know about the medical records of the employees, explains an expert in a recent news agency dpa.

Medical records almost always taboo for the boss
For the boss, the medical record of a worker is therefore almost always taboo. There are many rules for what he can learn when. Sven Thora, legal adviser at the Chamber of Labor Bremen, has answers to the most important questions in this context. On the question of whether the employer may ask for regular check-ups after hiring, he explains: „Participation is voluntary unless it is required by law or collective agreement.“ For example, in the medical or food processing sector, preventive medical examinations have to be repeated regularly. In addition, it is often regulated in the public service collective agreement to participate in the provision.

Compulsory provision for some employees
As Thora further explains, it is called compulsory insurance if the employer is obliged to offer it and the employee has to take part - otherwise he can no longer be employed. Corresponding examinations are also available, for example, if someone works with hazardous substances. But even here comes from doctor only a certificate to the employer that the employee is still suitable to practice the job. There are no results in detail.

Reveal results from a long illness
If the employee is sick leave for several months and the employer has a legitimate interest in finding out if he or she will regain working capacity, he or she may ask the employer to disclose the test results. But the employee does not have to do this. However, a consistent refusal may result in the employer making a personal termination. In this case, according to the expert, the employee will be able to disprove the employer's negative prognosis only by divulging his state of health.

„Right to lie“
„In principle, the employer may only ask about the state of health if this is important for the job to be filled“, so Torah. He cites the truck driver as an example who is being asked about an alcohol problem. In addition, applicants for a job in a warehouse may be asked if they can lift hard. It is further explained that it is also sometimes allowed to ask for mental well-being. For example, if you want to practice a profession for which you need a resilient psyche, for example in the Bundeswehr. After an existing severe disability, however, may generally not be asked. „If a question is inadmissible, then there is also this right to lie, as the saying goes.“ Then the applicant does not have to answer the question truthfully.

Health check before hiring
Participation in a health check is always voluntary, unless there are legal exemptions. This is the case with adolescents, for example, who may only be recruited if their physical fitness is determined. However, it is convenient that you have to do a health check on certain professions if you want to be hired. For example, an employer in the food sector may not hire anyone who does not have a certificate under the Infection Protection Act. In the medical field, it also needs a certificate. However, when investigating, the employer only tells you if someone is suitable or not. Again, he does not learn the results in detail. (Ad)