Can an employerrequire you to disclose your doctors’ contact information even if you are not requesting medical leave?

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Can an employerrequire you to disclose your doctors’ contact information even if you are not requesting medical leave?

I was working over the summer before the school year. The Principal felt that I was stressed and suggested I should contact our EAP (this was after only 3 interactions as she is new). I declined knowing that I already had a psychologist and psychiatrist. She then told me it was free and I declined again. She said that she could require me to go and not let me back in the building until a time that I did in fact go. I then said I am under the care of a doctor. She typed a letter staying she had the right to contact my doctors if she felt the need and forced me to sign and give their numbers before I could leave.

Asked on September 26, 2010 under Employment Labor Law, Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Absolutely not.  The principal has absolutely violated several laws, including HIPAA privacy rights by demanding contact information from you and presumably contacting your doctors.  However, keep in mind, if you are teaching and the principal felt your job functions were being affected by your inability to teach because of your medical issues, there may be some loopholes in the labor contract to allow her to ask you to see EAP.  To full analyze your situation and determine your full rights, you need to contact a labor lawyer who handles and specializes in teacher's contracts, and whether any action on your part may have allowed the principal to take reasonable means to fix the situation.


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