Is it against hippa law for employer to ask for diagnosis and prognosis for my flma?
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Is it against hippa law for employer to ask for diagnosis and prognosis for my flma?
I work for tsa
I need time off to take care of my mother out of state
She is going through chemo.
Asked on May 16, 2017 under Employment Labor Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
They cannot ask for the diagnosis and prognosis, but can ask for when you expect to be back: that question reflects a legitimate business or employment interest (e.g. scheduling, planning coverage and staffing, etc.) and does not intrude on any protected medical privacy rights. Also bear in mind that you only get 12 weeks maximum under FMLA; if you are out longer than that, you may be terminated for absenteeism.
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