- August 18, 2023
- Posted by: legaleseblogger
- Category: Related News
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Back in 2022, I faced a medical emergency that required me to visit the emergency room (ER). Unfortunately, the situation persisted, and even after starting my current job in January 2023, I had to miss a few days due to subsequent visits to the ER for the same medical reason. Eventually, in July, I underwent surgery to address and resolve the underlying medical issue. However, during this entire period, I accumulated points at my current job for the absences caused by my visits to the ER.
Currently, I find myself only one point away from being terminated as a consequence of these accumulated points. In response to this predicament, the HR department approached me and offered a potential solution. They suggested that if I obtained a note from my doctor, explicitly confirming my medical condition that led to my absences, they would deduct the accumulated points from my record. Although I am open to having my doctor validate that my work absences were indeed due to a health-related matter, I am uncomfortable with the idea of my doctor disclosing the specific medical reason for those absences to my employer.
The question I have, therefore, is whether it is necessary for HR to require such detailed information from my doctor, or if it would suffice for my doctor to simply confirm that I suffered from medical issues, which should now be resolved following the surgery. To me, it feels like an invasion of privacy for my employer to request the specific details regarding my medical condition from my doctor.
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****** just grabbed a
So you don’t have to provide them with any information… but they can terminate you if you are over your points.
The question is if you provide them with all the doctors info, will they give you the points back?
No, they cannot ask what the actual condition is. Your doctor can simply say “Was treated for a medical condition”, most doc offices have template notes for this.
Your company can TRY and request health info, but they have no right to it. They do however control the points, so if the doctors note does NOT say a specific thing and your job says it doesn’t count, you may need a lawyer or just…. Be really careful.
Call your doctorÔÇÖs office and speak to the nurse and ask if your doctor can write a letter on his/her official letterhead, or written prescription can be used as well. The letter should say, ÔÇ£To whom it may concern at the department of Human Resources at [name of your company]. Please be advised that I am the primary healthcare provider for [your name] and I certify that [your name] was under my direct care during [dates you want points back for].ÔÇØ Have your doctor sign this letter and give it to your HR.
NAL, but I work in disability services and accommodations. In CA, specifically, diagnosis isn’t required to support medical LOA requests. Your provider can just indicate that you were seen for a medical issue and to excuse your absence.
They donÔÇÖt have to accept you missing so much work if itÔÇÖs out of their sick time/absence policy . YouÔÇÖre not eligible for fmla to protect you .
Genuine question: why not just tell them the reason? I would probably just overshare without thinking twice. Am I overlooking an obvious potential consequence?
Are they asking your doctor to fill out a Department of Labor form titled “Family and Medical Leave Act Certification of a Serious Health Condition”? Or for sick leave under Section 7297.4(b) of the┬áCalifornia Family Rights Act (CFRA)
That is typical information needed to certify a FMLA/CFRA leave. You don’t have to provide it, but there’s certain information that you’re physician has to provide to qualify you for protected leave.
Tell them itÔÇÖs called ÔÇ£IÔÇÖm getting a fucking lawyer.ÔÇØ
Not a lawyer.
[removed]
OP, you need to calculate your hours worked and see if you qualify for FMLA. With my rough calculation, you could be a few weeks from being eligible. If you aren’t eligible, you should probably consider complying with your employer’s demands.