MY HUSBAND SUBMITTED A NOTE TO HIS WORK STATING THAT DUE TO MEDICAL REASONS HE COULD NOT WORK ON THE NIGHT SHIFT. HIS HUMAN RESOURCES MGR GAVE HIM A PAPER REQUESTING A DIAGNOSIS AND WHY THAT DIAGNOSIS TOOK HIM OFF OF NIGHTS. I THINK IT ALSO REQUESTED MEDICAL RECORDS.
2006-12-27 07:37:32 · 11 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment
Yep...that's legal.
2006-12-27 07:56:11 · answer #1 · answered by kissmybum 4 · 0⤊ 0⤋
If you're requesting medical leave under the FMLA (Family and Medical Leave Act), then they might be able to require the medical diagnosis be submitted. This is to make sure that you're not just taking off for something silly or simple, like a cold for instance.
The issue here is that your husband is now totally unable to work the night shift at all, which is probably required for his job. And since he's unable to perform a job requirement, his HR department wants documentation to prove that he has a legitimate medical reason for not performing it.
I don't know for sure if they can actually demand the medical records, but they can definitely ask for a doctor's note stating his inability to work nights. From HR office's standpoint, they may be looking at this as being a disability claim, which could require medical records being included as part of the paperwork necessary to file for disability in your State.
My advice would be to submit a doctor's note stating that your husband is unable to work nights, and see if this is sufficient. Your husband writting a note saying this would definitely not be enough, but coming directly from a doctor might.
2006-12-27 09:01:48 · answer #2 · answered by msoexpert 6 · 0⤊ 0⤋
Requesting medical records would not be legal. Requesting a certification from a doctor that a medical condition exists that does not allow him to work at night is legal. Requesting a specific diagnosis probalby isn't, but since it does sound kind of strange that he can work days but not nights doing the same job, they can probably ask a few more questions than if he was just requesting medical leave.
You don't mention who wrote the note that he submitted. If he just wrote it, then it wouldn't mean anything. If a doctor wrote it, then he's started to provide the required documentation.
If he doesn't provide information that they are allowed to request, but refuses to work nights, then he can be fired. Even if he provides the documentation, he might be able to be fired.
2006-12-27 07:47:45 · answer #3 · answered by Judy 7 · 0⤊ 0⤋
If the medical reasons for not being able to work night shifts are legitimate, then the doctor shouldn't have a problem in filling it out. If one of the job requirements is that you might be required to work night shifts, then yes, the company can request information from the doctor to verify.
2006-12-27 07:39:53 · answer #4 · answered by jseah114 6 · 1⤊ 0⤋
If you can't work when your employer requires you to work, you need to present a valid reason why you can't. "Due to Medical Reasons" isn't enough of an answer. Under the circumstances, particularly if the note said nothing other than what you've stated, I think that's a fair question on their part. I don't think they should get actual copies of medical records, but if the doctor tells them why he can't work night shift, I think it would be enough.
2006-12-27 07:43:57 · answer #5 · answered by kj 7 · 1⤊ 0⤋
I don't know the legality, but I don't think it'd be a problem. If there is a medical reason, HR needs to know so he can be scheduled accordingly. there also might be a need to move him to a different part of the organization so they need to know if he'll be able to perform.
It seems like your worried for 1 of 2 reasons.
1 he really doesn't have an issue so he's going to get fired
2 he does have an issue but you don't want HR to know because it could cost him his job.
My suggestion... get used to sleeping by yourself until he gets enough senority to work day shift.
2006-12-27 07:42:44 · answer #6 · answered by The Man 5 · 0⤊ 0⤋
Not in the state that I live in, that would be a breach of Dr. patient confidentiality unless your husband signs papers and agrees to give this info. Although I must say here that I do live in a right to work state so the boss could find other reasons to fire me. Check with an attorney specializing in this field. A consultation should NOT cost too much.
2006-12-27 07:41:46 · answer #7 · answered by SHERRI 4 · 0⤊ 1⤋
Yes, they can. He's basically asking for a "reasonable accommodation"......in order to get that, he must show he is disabled.....to show that, he has to give the records and such to support his request.
What's he got to hide? If he has a real disability that needs a "reasonable accommodation", they have to give it to him under the law. Just so you know--if the records substantiate it, he will have his request granted. If there are no good records regarding any disability....he'll probably get fired for lying on the job. I sure hope he didn't just get a note and ask for that without any good reason.......
2006-12-27 07:48:41 · answer #8 · answered by kathylouisehall 4 · 1⤊ 0⤋
"Due to medical reasons", well technically, with that in mind, HR is required to ask for what reason and why, more than likely this is to protect your husband and his company for liability issues, if he was to work at night.
2006-12-27 07:42:06 · answer #9 · answered by girl6250 2 · 1⤊ 0⤋
It depends on what state you are in, and whether or not your husband signed a contract when he got the job, stating that he would disclose information of this sort.
2006-12-27 07:40:28 · answer #10 · answered by Crystal B 3 · 0⤊ 1⤋
I think they can but I'm not sure. I know that they can ask for medical records though.
2006-12-27 07:39:27 · answer #11 · answered by J. 4 · 0⤊ 1⤋