Is it legal for employers to require private medical info.?
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GraceAndAdam
LIF Toddler
Member since 12/08 487 total posts
Name: Grace
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Is it legal for employers to require private medical info.?
My husband is having a problem with his job where any time he has to call out sick, his job wants specific medical details. A doctor note that just says he was treated is not enough for his supervisors. They claim they need to know exactly what he was treated for, any prescriptions that might have been given to him, etc. I'm not sure if this is legal, but I feel like it just can't be. I think I've heard of laws protecting patient privacy, but I can't remember what they're called, or any specifics. Does anyone know anything about this? We're so confused because his union rep. is no help and he doesn't have an HR office to ask. I just feel like his supervisors are taking advantage of their "power" and it just doesn't seem fair. Someone that he used to work with quit because the supervisor called her doctor to try to find out exactly why she was out from work. Is it legal for them to do that????
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Posted 3/17/09 10:24 PM |
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waterspout4
My loves
Member since 5/06 19150 total posts
Name: Kelly
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Re: Is it legal for employers to require private medical info.?
I think that's bullcrap! Not sure about legality, but it doesn't sound right. If they want a doctor's note, it sounds fine. But to be so detailed is just wrong. In fact, I'd have the doctor write something so ridiculous that they'd never ask again. Maybe something about splinters in some, um, private areas.
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Posted 3/17/09 10:29 PM |
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Holly
Prayers to those who need them
Member since 5/05 6631 total posts
Name: Holly
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Re: Is it legal for employers to require private medical info.?
By any chance, does he work for the Post Office?
I was talking the mail carrier who comes into my job about this yesterday, she said she had that kind of problem with her old postmaster, she had fibroids or something, and was out like every month during that time of the month & her postmaster called her in, and wanted copies of x rays, etc for it.
She did go to her union manager & he said it was illegal. I think its called Hippa or Heppa law or something like that-confidential medical info...but I think that is your medical provider cannot just give info to anyone...not sure what it means on your not giving it...
But I have never heard of it, I would think it might fall somewhere under the Equal Opportunity Employer section...
Maybe contact the labor board if he is not getting anywhere with his union...
Good Luck!
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Posted 3/17/09 11:27 PM |
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Re: Is it legal for employers to require private medical info.?
Unless your husband signed a HIPAA release (this is the law you are thinking of concerning medical records and privacy), the only thing his employer is entitled to is a note saying that he was sick, seen and when he may return to work. I've never heard of any employer requiring copies of prescriptions. Usually on the notes, they will put a diagnosis, but that is it.
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Posted 3/18/09 6:28 AM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name: Susan
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Re: Is it legal for employers to require private medical info.?
Posted by munchkinfacemama
Unless your husband signed a HIPAA release (this is the law you are thinking of concerning medical records and privacy), the only thing his employer is entitled to is a note saying that he was sick, seen and when he may return to work. I've never heard of any employer requiring copies of prescriptions. Usually on the notes, they will put a diagnosis, but that is it.
Yep. 10000000000% illegal. Tell your husband that if they persist you will have a labor attorney so far up their azz that it will hurt big time.
They have zero right to that information.
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Posted 3/18/09 10:22 AM |
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