Can a employer force you to provide a medical note for a Family Member that you are not filing FMLA for?

UPDATED: Sep 30, 2022

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Can a employer force you to provide a medical note for a Family Member that you are not filing FMLA for?

Good Afternoon,
I was terminated from my employer for ‘ violation of a company policy or benefit’. I received a notification while at work my grandmother was taken to the hospital. I notified the MOD and told them I was leaving. I went to care for my grandmother and once being told she was ok and going to be released later that day I left and attended a funeral. At this funeral I was seen by someone in management. I returned to work that following Monday and was notified I needed to provide a Doctors note for leaving work early. Against my grandmothers wishes I went to the ER and asked for a note. I was given one and provided the note to my employer. my employer then asked for the Doctors name and other information. I advised them I felt this was in violation of my grandmothers HIPPA rights. I am not her health care proxy and refused to provide any other information. They decided to terminate my employment and said that I violated a company benefit which was Family Care Leave. When I left I simply told the MOD I was leaving I never asked or applied for Family Care leave. I also was not being paid for this time that I was gone either. New Link Destination
this da they are still asking for the Doctors name etc. I truly feel like I was wrongfully terminated and this was more of a targeting act as I have had prior disagreements with management.

Asked on September 22, 2016 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Based on what you wrote, you *did* violate company policy: you simply told the MOD you were leaving and left; and then you stayed out for a reason other than the one you stated (i.e. you told them you were leaving to care for your grandmother; you stayed out for a funeral)--you therefore lied to your employer about why you were out, and missed work for an unapproved reason. Based on what you write, your termination was not wrongful, since it was based on unapproved absence and on misrepresenting your whereabouts to the employer.

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 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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