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Vacation and Sick Time
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Vacation and Sick Time
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
Is it legal for an organization to post on it's server, everyone's vacation and sick time for all to see?
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Forums » Topic Forums » Legal Forum » Vacation and Sick Time
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Vacation and Sick Time
posted at 10/15/2010 7:11 AM EDT
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
Not sure what the company would gain by doing so, but I can't think of any reason why it would be illegal if that's all the information that's being posted about an employee.
Sounds like a rather dumb idea, though. |
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Vacation and Sick Time
posted at 10/15/2010 8:08 AM EDT
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Posts: 2
First: 10/15/2010 Last: 10/15/2010 |
The organization I work for has done this. I don't like it because for example; when someone is sick and they do not have enough sick hours to cover them, people start to talk about them. It's unprofessional and no one's business who has sick and or vacation hours. |
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Vacation and Sick Time
posted at 10/15/2010 9:07 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
While it's not best business practice, I can't see anywhere it would be illegal unless they are posting reasons that fall under reasonable accommodations for ADA (which has a confidentiality component). If they just say Joe missed 8-28 sick time, that is not a problem. If they say Joe missed 8-28 because he has diabetes/cancer/etc, that is a problem. |
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Vacation and Sick Time
posted at 10/15/2010 9:28 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
There is nothing illegal about it on the surface. If it results in harassment because someone is using their accrued time off for ADA or FMLA purposes, it could be problematic. It would certainly force an organization to comply with its time and attendance policy and allow for good old fashioned peer pressure to do that. |
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Vacation and Sick Time
posted at 10/18/2010 7:53 AM EDT
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Posts: 29
First: 6/9/2009 Last: 4/26/2011 |
With litigation the way it is these days, can't you see an employee filing an FML grievance just because their medical leave hours were publicly posted? Could it be that releasing medical leave info related to an event covered by FMLA, is a HIPPA violation? Why would employees need to know? Shouldn't we as employers keep that info confidential, maybe because we fear becoming a FMLA/HIPPA headline? Do we really need to give employees reasons...?
It's sad too, that one juror's definition of harrassment is another juror's definition of 'good old fashioned peer pressure.' |
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Vacation and Sick Time
posted at 10/18/2010 9:35 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
TCSquared, you aren't releasing medical leave information. You are displaying the availability of sick time and regular time off. While you could say a balance indicates some utilization history, why it was used remains undefined. |
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Vacation and Sick Time
posted at 10/18/2010 11:41 AM EDT
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Posts: 464
First: 6/30/2004 Last: 11/22/2010 |
We post this information.
It was requested by staff and supervisors. The staff need it to determine the amount of leave they have at any given time - especially time related to vacation requests. Supervisors need it to verify the availability of leave time with respect to approving timesheets being submitted and to approve vacation leave requests. It's been this way for 10 years now with no complaints. I have always had a reservation or two about doing this, but staff seem to appreciate the information. |
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Vacation and Sick Time
posted at 10/18/2010 1:12 PM EDT
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Posts: 29
First: 6/9/2009 Last: 4/26/2011 |
HRPro,
I am very protective of this information, as I see it as "a medical record," especially since we call it 'sick leave,' and record it. If the names and phone numbers of patients can't be released (not specific medical information), then the record of leave shouldn't be published for others to make use of it at will: zarifa said,"for all to access the server." Supervisors, however, need to know. They should be able to access the (server) record from an HRIS database. |
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