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Thread: FMLA Harassment

  1. #1
    Jakefreedom is offline Junior Member
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    Unhappy FMLA Harassment

    What is the name of your state (only U.S. law)? Michigan

    I have Lupus and was just diagnosed not to long ago. Before this I worked 2 jobs and won the perfect attendance award from my employer. Now I only work one job, have a handicapped parking hanger and FMLA. My doctor filled out my first one and put that I'd miss work sometime for Lupus flares at 1-2 times a month, then a year later I needed to change it and she put once every other month and could go as long as 4 days. I have been having flares more often. I, my supervisor and the person from HR decided that if that started happening, I'd have to get another letter from my doctor, changing the frequency of my fmla flares. Well last week I was called into the office by a assistant supervisor, who I had not included in my fmla meetings and he says he doesn't know what the plan was with my supervisor and hr but I need to change my job hours now and not use my extended sick for my fmla (which is what it's for since I have intermittent fmla) He says now I have to start using my own pto. He also throws in there that the other co-workers are upset and complaining about me missing all the time. I feel I'm being harassed now, I've had trouble sleeping and I'm very stressed out now. So do I have a meeting with my hr department and say I will not talk with that other person again about my health issues?
    What do I do? There have been other violations of my rights too with him. What is the statute of limitation on hippa violation and sexual harassment?

    Thanks, any help would be greatly appreciated.
    Jake
    Last edited by Jakefreedom; 01-31-2011 at 08:56 PM. Reason: forgot something
  2. #2
    pattytx is offline Senior Member
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    You have to let the comments about "the other workers" roll off your back. Your supervisor was stupid to say that.

    However, the company has the legal right to require that you use any paid time off you may have for absences related to your FMLA-qualifying absences.

    I'll let someone else answer your HIPAA (not HIPPA) question; that is not my area of expertise.
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  3. #3
    cbg
    cbg is offline Senior Member
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    I'm not seeing the HIPAA violation. HIPAA is not even remotely as broad as most people think it is, and most employers are not subject to it at all.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  4. #4
    Jakefreedom is offline Junior Member
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    Our company has a policy that when you use 80 hours of your own pto you are then switched over to the short term disability pay at 100% then after you've used that up it goes to 50%. Since I have a continuing condition I used the 80 hours over a period of time and then the short term kicked in. The part about the HIPPA violation isn't connected to this incident. I was asking what the statute was because it was the same supervisor assistant who called me at home last year to ask about a private (personal) medical condition he heard I had from a co-worker (he said another employee told him). It had nothing to do with work.

    I feel now that I am being harassed by him and it started a year ago but I didn't say anything about it.
  5. #5
    cbg
    cbg is offline Senior Member
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    Unless your employer is a medical care facility, health insurance carrier or medical billing office, OR unless your employer learned of your condition through your self-insured health insurance plan, HIPAA does not apply, period.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  6. #6
    Jakefreedom is offline Junior Member
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    I work for a hospital.
  7. #7
    cbg
    cbg is offline Senior Member
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    That would have been nice information to have when you started talking about HIPAA. You can't expect valid answers when you don't give us all the facts.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  8. #8
    ecmst12 is offline Senior Member
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    It's STILL not a violation if the coworker knew of your condition because you told him and not because he saw your medical records.
  9. #9
    Jakefreedom is offline Junior Member
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    Well my question wasn't whether something was a violation or not, my question was what is the statue of limitation on a HIPPA violation, and you still haven't answered it. Besides, that question was a small add on to the real question, which I was told to just let roll off of my back.
  10. #10
    cbg
    cbg is offline Senior Member
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    The statute of limitations on a HIPAA violation is six years, something you could have found out by typing "HIPAA violation statute of limitations" into your favorite search engine, just as I did. It took less than ten seconds to find the answer. And since no violation has taken place, the SOL is completely immaterial to you.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  11. #11
    Jakefreedom is offline Junior Member
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    Thanks for all your kind answers. This is one of the many sites I found after typing information into "my favorite search engine." Don't worry I won't be asking anymore questions of you.

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