Medical conditions can affect the personal livelihood and employment of a person. The question is this: should let your boss know about it?
Now, there are two scenarios where the disclosure becomes an issue – either the medical condition developed before employment or the medical condition developed during the course of employment.
If you are going through the interview process, should you disclose your pre-existing medical condition to your future employer? In the case of MHS Aviation Sdn Bhd v Zainol Akmar Bin Haji Mohd Noor[1], the Industrial Court held that an employee is not obligated to do so. The employer however can inquire if you have the necessary condition or ability to carry out the job’s function. A bricklayer with a spine issue might not be the best combo; a florist with a pollen allergy too.
If you are employed with a company and during that time you developed a medical condition, should you disclose it to your employer? Unless stated in your employment contract, you are not obligated to do so.
Having said that, it would be helpful for the employer to know your medical condition so that they can make a fair assessment of your job performance. An employer can provide or offer flexibility, benefits, or adjustments to align with your medical condition. Such information would also be necessary to determine whether your medical condition is permanent or otherwise, and whether you would still be able to perform the designated job role, be it now or later after recovery.
It is pertinent to note however that the employer, upon weighing up the seriousness of the medical condition, and the permanence of any ensuing disability, may be entitled in law to treat your employment contract as having been frustrated[2] on grounds that your medical condition becomes a disability which prevents you from doing your job and any recovery of the same is unlikely. The employer would then be justified in law in letting you go.
Let’s flip the table – can an employer disclose the medical condition of its employee(s) to third parties? Generally, no – not without the employee’s consent as it is a sensitive personal information.[3]
However, there are exceptions. For example, where an employer is required to disclose information on your medical condition to comply with statutory or legislative requirements.[4] This happened a lot during the pandemic Covid-19 in 2020.
Apart from that, your medical condition can be disclosed if a courts of law compels your employer to do so. It could be a case where your medical report is an essential information and needed to be produced in court as evidence.[5]
At the end of the day, all things ought to be held balance. Good communication between employers and employees could go a long way. If parties are able to come to the table and discuss whether it’s okay to disclose the employee’s medical condition and come to an agreement, it would avoid any apprehension or miscommunication. Consent for disclosure is the remedy.
[1] MHS Aviation Sdn Bhd v Zainol Akmar Bin Haji Mohd Noor [2001] ILJU 48
[2] Paal Wilcon & Co. As vs Partenreederai Hannah Blumenhal, The Hannah Blumental (1983) 1 AC 854; (1983) 1 All ER 34 – test for frustration
[3] Section 6(1)(b); 40(1)(a) of Personal Data Protection Act 2010
[4] Malaysian Medical Council, ‘Guidelines on Confidentiality’ (2011)
[5] Section 40(1)(b)(ix) of the Personal Data Protection Act 2010
About the Author
Afiq Iskandar is a Legal Associate of XK Law. He graduated from MARA University of Technology, Malaysia. Afiq has multiple interests in life beyond reading law viz. sports, film, music and poetry. He believes that art, in whatever form they may be, is a necessity of life.
