I’m on fmla with my wife, can my employer ask for a drs note every time I’m off?
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I’m on fmla with my wife, can my employer ask for a drs note every time I’m off?
I provided proper paperwork to be on fmla with my wife after her
surgery, now my employer wants a drs note every time I take her to
the Dr or stay home with her. Is this legal or is it a hippa
violation?
Asked on July 2, 2016 under Employment Labor Law, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, this is not a HIPPA or any other kind of violation of the law. The fact is that an employer can set the terms of employment much as it sees fit. And this includes reuiring an employee to present a doctor's note for each absence, whether or not FNLA related. So unless this mandate violates the terms of a union agreement/employment contract, or constitues some form of legally actionble discrimination, it is legal.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
It is not a violation. An employer is entitled to ask for confirmation or verification of an employee's FMLA-related absences, and does not need to take the employee's statement that it is for his or his spouse's medical care at face value.
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