The fact that you even ask that question makes me feel comfortable that you understand the legal risks and are well situated to deal with them. The basic answer is, YES, you can ask why an employee is late. Things get tricky if the explanation is that the employee was ill or getting medical treatment. The rule is that you’re not allowed to provided to demand protected health information (PHI). In non-pandemic times, you can ask for a doctor’s note verifying THAT the employee was late due to an illness; but you can’t ask what that illness is because that’s PHI. Nowadays, asking for doctor’s notes is highly frowned upon even if it doesn’t ask for PHI.
Great question, stay on the ball and I hope that helps. Glenn
