You are on sick leave and your employer asks questions about your diagnosis, treatment, or symptoms. That feels uncomfortable — and it is often not allowed. Your medical privacy is protected by law.
"What exactly do you have?" "What medication are you taking?" "What does the doctor say?" "Is it a burnout or something else?" With every phone call, your employer asks questions that feel very personal. Perhaps out of concern, perhaps out of distrust.
You hesitate. Do you have to answer? If you refuse, will your employer get angry? And what if your employer already has information — from a colleague, through social media, or because you shared something earlier?
The law is clear: your employer may not ask about your diagnosis, the nature of your complaints, or your treatment. This falls under privacy legislation (GDPR) and the Dutch Gatekeeper Improvement Act. Only the company doctor may process medical information.
This applies even if you previously shared information voluntarily. That creates no obligation to continue doing so. It is a common form of pressure that sometimes happens unintentionally, but is sometimes used deliberately.
Many employers simply do not know they are not allowed to ask these questions. They think it is normal to ask "what someone has." It is a boundary that is often crossed unintentionally.
Some employers want to know exactly what is going on so they can judge for themselves whether the sick report is "justified." This is not their role — that is the task of the company doctor.
The employer wants to know how long you will be absent to organise the work. That is understandable, but the medical details are not needed for this. The company doctor can provide a functional assessment.
Your employer may ask: when you expect to return, whether you can do adapted work, and how you can be reached. These are functional questions needed for reintegration. Details about your complaints or diagnosis are not part of this.
The company doctor translates your medical situation into functional limitations. The employer is told what you can and cannot do — not why. This system protects your privacy while giving the employer the information needed for reintegration.
Medical data is special personal data under the GDPR. Your employer may not process, store, or share this data. If your employer notes your medical information in a file, that is a privacy violation you can take action against.
Perhaps you previously told your employer voluntarily what was going on. That is your right. But it creates no obligation to continue doing so, and it does not give your employer the right to ask follow-up questions or use the information.
You do not have to answer questions about your diagnosis, symptoms, or treatment. A neutral response suffices: "I discuss that with the company doctor."
Consistently refer your employer to the company doctor for medical information. The company doctor only provides the employer with the functional information that is needed.
If your employer repeatedly asks for medical information, note this down. Date, what was asked, and your response. This is evidence of a privacy violation.
If it continues, send an email stating that you are not required to share medical information and refer to privacy legislation. Keep a copy.
Tell the company doctor that your employer is asking for medical details. The company doctor can inform the employer about the boundaries.
If your employer continues to ask despite your request, that is a serious privacy violation. Legal guidance may be needed, potentially including a complaint to the Data Protection Authority.
"With every phone call, my manager asks what exactly I have and whether I have been to the doctor. When I say I prefer not to share, he gets irritated."
You do not have to share your diagnosis. Your employer may ask how you are and what you think you can do, but not about your diagnosis or treatment. Consistently refer to the company doctor: "The company doctor can inform you about my functional limitations." This is not obstruction — it is your legal right.
"At the beginning, I openly told them I have a burnout. Now that information is being used against me. My employer says a burnout is 'not really sick' and I should just come in."
Voluntary sharing creates no obligation. That you previously shared information does not give your employer the right to build on it or draw conclusions. Your employer is not a doctor and may not make medical judgments. Indicate that you will communicate about your limitations through the company doctor going forward.
"I discovered that HR noted my diagnosis and medication use in my personnel file. I had told my manager in confidence."
This is a privacy violation. Medical data is special personal data under the GDPR. Your employer may not store this in your personnel file. You can request removal of this data. If refused, you can file a complaint with the Data Protection Authority.
"My manager told the team what I have. Now everyone knows I have psychological complaints. I feel ashamed and do not dare to return."
Sharing medical information with colleagues is not permitted. Your employer may only tell colleagues that you are ill and when you are expected to return, not the nature of your complaints. Violating your medical privacy can be grounds for compensation, can deepen the conflict, and makes reintegration significantly more difficult.
Questions about your medical situation from your employer are uncomfortable and often unlawful. It infringes on your privacy at a time when you are vulnerable, and causes unnecessary stress. It can further damage the employment relationship.
MediRights helps you protect your privacy without unnecessarily straining the employment relationship. We advise on how to respond, draft a letter if needed, and ensure your employer respects the boundaries.
In serious cases — when medical information is recorded or shared — we support you with formal steps, including a complaint to the Data Protection Authority.
If the questions about your medical information are part of a broader pattern of pressure or intimidation, we assess your file and determine what legal steps are needed.
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