The Boss Wants your Medical Records? Call the Union …Quick!

your-medical-history

All of us at YEU are concerned for the privacy of YG employees and the protection of their personal & private medical history.

Sometimes workers must provide their employer with medical information to access a workplace accommodation or receive benefits. The right to privacy is quasi-constitutional, meaning it can’t be set aside or trumped by other policies or rules, so any exceptions to that right must serve a legitimate purpose. Any information shared has to be handled with extreme caution. An employee’s medical condition must have a genuine impact on their work, affecting attendance or creating performance issues. Without a significant impact, the employer does not have a right to medical information- period.

Employees seeking a medical accommodation are obliged to provide some information to the employer; we don’t dispute that. The information must be limited to prognosis and limitations or restrictions that would affect your ability to perform your job. Often though, there is uncertainty about what the employer is entitled to, and how they should be using and protecting this information. Your diagnosis is your business, not your employer’s. Requests for information or history beyond what is genuinely needed are invasive;  employees can never be sure who will see their private information once it has been provided.

We know of many instances where the Yukon government has collected extensive medical information on employees, far beyond what is required to access benefits or develop an accommodation plan. In several cases, information about other family members has been collected and shared – clearly without their knowledge or consent. Over time, these reports have been copied, e-mailed and viewed by many people in various government departments as well as other service providers.

This should never be allowed to happen; it can be very distressing for the workers involved, and is a significant concern for the union. Many employees do not ask for the union’s help at the beginning of the accommodation process, and end up providing a lot of unnecessary and deeply personal information to their employer.

An employee should share medical information only when absolutely necessary, and only the information absolutely required to reach an accommodation. Any general requests for medical records should be refused. The employee should also refuse to authorize any employer representative to speak with their doctor directly. A reasonable alternative is to have the employer write their questions out so that the employee can discuss it with their doctor and consent to specific disclosure.

YEU has asked the Privacy Commissioner to examine Government of Yukon’s processes around collecting, using, sharing and retaining medical information related to the disability management and accommodation process. In the meantime, we can help employees navigate the inquiry and accommodation processes and support employees in protecting their privacy.

Employees should contact YEU before agreeing to share any medical information. Call 667-2331

Creating Community Guidelines for Union Social Media Groups

Does your Local have a Facebook page? Perhaps a small group of workers have created a closed group where they hope they can chat more freely in a private setting?

It is very important that the group or page administrators create and enforce community conduct guidelines for everyone’s protection.  Nothing on Facebook (or anywhere online) is truly private or safe from sharing, no matter how tightly you try to regulate the participants or the posts of its members.

How can something posted in a private, closed group make its way outside the group? Screenshots are the most common, but even photos with closed sharing restrictions can be downloaded or saved, and shared as easily as any other picture. Online activity may be grounds for dismissal so guidelines and their consistent enforcement are critical.

Here are some considerations when creating your guidelines:

  • Define the purpose of the page or group clearly in a post pinned to the top of the feed.
  • Make sure everyone knows who the page administrators are: provide easy contact info and be quick to respond to private messages flagging risky content. Ask members of the group or page to look out for each other online; if someone sees a questionable post, privately communicating with the poster (if possible) quickly can help minimize risk.
  • Make sure all group/page members know what to expect. If you intend to remove posts, make sure you’re clear in the guidelines about what would trigger the deletion of problem content.

What is problem content?

  • Profanity, offensive or violent language, defamatory comments about individuals or the employer.
  • Trolling; intentionally disrupting or hijacking conversations with abusive talk or off-topic comments.
  • Threats, threatening language, harassing or attacking comments directed at individuals or groups (again, including the employer or manager).
  • Discriminatory statements relating to gender, race, ethnicity, religion, sexual orientation or political beliefs, ability etc.
  • Sexually explicit material or links to sexually explicit material, sexual comments or innuendo.
  • Discussion of illegal activity.
  • Spam etc.
  • Discussion of confidential information relating to a client, patient, co-worker, student etc.
  • Disclosure of business information you should reasonably expect to be confidential or proprietary relating to your employer or place of employment.

Consider who will take over management of the group or page if the original administrators leave, move away etc. An unmonitored page is both a wasted opportunity to communicate and a risk. No matter what guidelines are in place, some people will not play nicely. Be prepared to take action in case of inappropriate activity on the page or within the group. It’s a matter of protection for all who participate in the online community.

 

Community Guideline Examples:

YEU Shop Steward’s Network is a closed Facebook group for our elected Stewards. Here are the guidelines we have posted for that group:

COMMUNITY GUIDELINES; PLEASE READ

This group allows YEU/PSAC Shop Stewards an opportunity to access information specific to the Steward role. This is a good place to share ideas and thoughts with your fellow Stewards to strengthen and support the work.

NOTE: This is not the place to post specific details of ANY grievance or member conversation, confidential information etc. Please make sure you maintain your Oath of Confidentiality in all communications, online and in person.

2 Questions to ask yourself before you post:

  • Does it build Solidarity?
  • Is it respectful?

If the answer to either question is ‘No’, please think of another way to phrase your post that supports the above 2 questions.

Posts may be removed if they are contrary to the spirit of these guidelines.

Members may be removed from the group if they consistently post in such a way.

If you have any questions about the administration of this private group, please contact YEU’s Communications Officer or Shop Steward Coordinator at 867-667-2331.