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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Data Privacy/Protection Act 2012

Data Privacy/Protection Act 2012

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1Data Privacy/Protection Act 2012 Empty Data Privacy/Protection Act 2012 Tue Oct 09, 2018 7:22 am

jcobero29


Arresto Menor

I was informed by a friend that managers or team leaders are no longer allowed to get ot know specifics of sick leave. Only doctors and nurses are the authorized persons to check and verify your medical certificate. So, when an employee is calling in for sick leave, my friend said that we only inform supervisors that you're on sick leave, then end of conversation. Can someone verify this? Thanks.

2Data Privacy/Protection Act 2012 Empty Re: Data Privacy/Protection Act 2012 Tue Oct 09, 2018 9:49 am

lukekyle


Reclusion Perpetua

No, while sensitive medical information may be withheld from your supervisors if you so desire you are still required to submit it to your company's medical officer. They will be the ones to tell your supervisor if your medical certificate is acceptable or not. If you dont submit a medical certificate you will be considered awol

3Data Privacy/Protection Act 2012 Empty Re: Data Privacy/Protection Act 2012 Tue Oct 09, 2018 9:52 am

lukekyle


Reclusion Perpetua

just to be clear this only pertains to sensitive medical info like if you have HIV, hep B, TB etc

4Data Privacy/Protection Act 2012 Empty Re: Data Privacy/Protection Act 2012 Tue Oct 09, 2018 12:15 pm

jcobero29


Arresto Menor

Does it mean that where my friend's working, their practice is wrong? He's one of the team lead there and they're not allowed to know any info even for a simple medical sickness. The only information he's getting from their workforce is a call in notice for sick leave and an email from their nurse saying med cert is validated. All med cert goes directly to their company clinic. Hmmm... Now I'm confused if I have to raise this to our company. Thanks, Luke.

5Data Privacy/Protection Act 2012 Empty Re: Data Privacy/Protection Act 2012 Tue Oct 09, 2018 12:38 pm

lukekyle


Reclusion Perpetua

its their company policy so you can’t say na its wrong. if your question is, does the employee have the right to refuse to divulge to you the contents of his medical cert? yes he can withhold the details as long as he submits it to the company’s health officer and the officer tells you na its adequate.

is the employee required by law not to tell you? No, he can if he so chooses.

can the employer withhold any sort of information from you if they so choose? yes they can. if the make it into policy the company can even withhold birthdates, weight, height info from the supervisors

6Data Privacy/Protection Act 2012 Empty Re: Data Privacy/Protection Act 2012 Tue Oct 09, 2018 4:11 pm

jcobero29


Arresto Menor

Crystal clear. Thanks!

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