Can an employer discipline you for not giveing your diagnosis why you were unable to come to work.?

Question

I was told that if i dont provie a specific reason for beeing absent from work (other than the Doctors note i received stateing i was unable to work this day and was under my doctors care) that i could recive disciplineary action so i must waive my rights

Answer 1

This is actually a very complicated question. There are many different laws that might apply depending upon the precise circumstances under which the information was requested. I assume from your question that you are a permanent employee and not seeking employment or under a probationary status. I assume that you are not talking about medical information related to a disability and the Americans with Disabilities Act does not come into play. The situation is that you are a regular employee who went to the doctor and now somebody (I assume a supervisor or HR person) says tell us exactly why you went to the doctor or we can discipline you. I assume you are not a union member.

Well, it is complicated. You are entitled to keep personal medical information confidential but an employer may also request that you reveal that information voluntarily or sign a medical waiver that allows them to get this information directly from your physician. Unfortunately HIPA will not protect the confidentiality of that information once it is in the hands of your employer. Only 5 States have additional laws that designed to protect medical information that has been disclosed to an employer.

An employer can request medical information for some legitimate purposes. For example, when medical insurance is paid by employers, they may require insurance companies to provide them with copies of employees' medical records. Also, self-insured businesses establish a fund to cover the insurance claims of employees. Since no third party is involved, the medical records that would normally be open for inspection by an insurance company are accessible to the employer. Most large corporations are self-insured.

Can you refuse to voluntarily disclose your health information or sign a medical information waiver? Yes.
Can the company punish you for failing to provide this information. Yes, if you are not otherwise protected by an employment agreement or a collective bargaining agreement.
What if they company does not have a procedure for keeping my information private? Write to your State legislator and speak with your HR person about your concerns. Ask the HR person to describe in writing the company's procedures for keeping medical information private.
What if it seems the Company does not want this information for a legitimate purpose and my supervisor is just prying into my personal life? Sorry, in today's work world the employee doesn't have many remedies for this sort of behavior until he or she can demonstrate a clear pattern of abuse and real damages.
What if I disclose my medical information and then my employer discriminates against me because of my medical condition? The Equal Employment Opportunity Commission is the federal agency that handles workplace discrimination. The EEOC is so overworked and understaffed that they likely will not sue for you but they very well could issue what is called a "right to sue" letter that entitles you to pursue damages against your employer. You will want to hire a lawyer in this instance.

The indignity of the workplace is endemic, but don't listen to anybody who says you don't have any rights and you just have to take it or quit. Good luck.

Answer 2

What rights do you have that you think you must waive. Rights apply to the police and you as a possible suspect. It depends what the law in your state allows, but employers have a right to know why you have missed work and could require you to bring a statement from your doctor. So many people abuse this (taking off and calling in sick) - this is a way for the employer to verify you were sick. The request for documentation usually comes after someone has had a number of sick days - not just a one time incident when you may catch the flu.

Answer 3

Most companies have a policy that allows them to ask you to prove why you were absent. You don't have "rights" where that is concerned. When you're hired, they expect you to be at work, doing a specific job, during specific hours, and if you're not, they can ask why not and it's your duty to provide the answer. What do you have to hide? Under HIPAA laws, the information you give them cannot be released to others without your permission, cannot be publicized for any reason. Only HR and your immediate supervisor should know.

Answer 4

It depends on which state you live in. I know that in California, for even bringing it up to you this way, you can sue your employer. They absolutely may not ask you for any private medical information. If you are outside of California, I do not know.

Answer 5

ok.... right here is one reason you need to call it abuse i be conscious of sounds stupid yet yelling at a student and embarrassing them in front of the finished entire type is emotional/psychological abuse which could somewhat injury a young babies destiny the two that or develop it i unquestionably don't be conscious of in the event that they're being quite out of control the two deliver them to the place of work or basically kick them out of the college room it generally works.. Then basically proceed on with your artwork.. you need to take others peoples thoughts heavily even nevertheless they're appearing in a immature way ...

Answer 6

if the note might contain information thats personal and you do not wish to share why dont you make a copy of the note with the parts you dont want shown censored out.. ?