My employer is requiring me to get recertified regarding my family leave for my father, because the time I am taking exceeds the amount of time I originally estimated on the paperwork that I filled out.

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My employer is requiring me to get recertified regarding my family leave for my father, because the time I am taking exceeds the amount of time I originally estimated on the paperwork that I filled out.

Also, the human resources
department is requiring that I
provide a list of my absences to
my father’s doctor,to ensure the
absences that I took were
medically necessary for the care
of my father. Not all of the
absences were doctor related, but
were to assist him with day-to-day
things he can no longer do for
himself. What language can my
father’s doctor use on the
paperwork regarding my absences,
without interfering with HIPAA
laws,and my father’s right to
privacy? My understanding is the
doctor only needs to state that
the absences were ‘medically
necessary’. Is that the truth, and
is that all that needs to be put
on the paperwork? Thank you

Asked on October 22, 2018 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A little more detail that "medically necessary" is required: for example, "to assist the patient, who has limited mobility, with getting to doctor's appointments"; "to stay with the patient, who could not safely be left alone;" etc. There has to be a link between what your father needs and why you stayed home.


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