McNees Minute: COVID and Employee Medical Records

Sponsored Content: McNees Minute

John Baker, Esq.

814-495-8869 – jbaker@mcneeslaw.com

My name is John Baker and I’m an attorney in the labor and employment and healthcare groups at McNees Wallace & Nurick.  During the COVID-19 pandemic, employers have been given greater latitude to request certain types of medical information from employees.  An example would be temperature checks.  Despite this, employers need to remember that their legal obligations to maintain a confidentiality of employee medical information remain the same.  For example, the Americans with Disabilities Act requires that medical information be kept separately from other general personnel files.  Additionally, Pennsylvania law provides special protections for mental health, drug and alcohol and HIV-related information.  Employers should remember that the COVID-19 pandemic is not an excuse to become complacent with their record-keeping practices.

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