Do I have to give my boss my medical records?

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Do I have to give my boss my medical records?

Left work on the 28th, will return on the 19th. A very discreet and personal mental health issue, I’d rather not have my employer know this. My immediate supervisor has requested my medical records, do I have to release them? I plan on applying for short term disability.

Asked on March 5, 2012 under Employment Labor Law, Kentucky

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Your employer is not required to have your medical records and cannot ask for them. The issue here is indeed medical privacy and whether you would qualify for short term disability. You can and should give a very limited doctor's note along with your requested time off but the employer has no right to that direct medical information unless of course your mental condition is an essential part of your work environment. Talk to your state department of labor about any precedent laws or advice they may have for you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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