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 8 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.


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