Understanding Hippa & Disability

[kyleclark]

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

If a doctor puts me on short term disability what information medically has to be provided to my employer. My concern is the privacy of my personal health information. Can a doctor just certify that I have tempoary disability?

Thanks in advance.What is the name of your state (only U.S. law)?

 

[ecmst12]

For FMLA, you need to provide medical certification to your employer.

If there is an STD insurance policy, they will require more medical information.

 

[pattytx]

And it's HIPAA, not HIPPA.

 

[cbg]

Doctor's notes are a dime a dozen. You can buy doctor's notes on the Internet. No, the doctor cannot just "put you on disability" temporary or not.

The employer is entitled by law to at least enough information to know what's going on and what, if any, accomodations you may need.

 

[kyleclark]

Clarity

Lets say I am on short term disabilty for treatment of a personality disorder or a nervous breakdown. Would this specific information be divulged to my employer? I am fearful of this information getting out as it could make my work enviroment very difficult

 

[ecmst12]

It would be illegal for them to make your work life unpleasant because you took FMLA or needed time off for a disability. Yes, they will need to know the diagnosis. "Nervous breakdown" is not a diagnosis, your doctor will use much more professional terms.

 

[cbg]

Under the newly enacted FMLA regulations, a doctor not only must categorize that the leave is necessary, but WHY it is necessary. It MUST provide sufficient information to support the need for leave. It is no longer acceptable simply to state that the leave is needed. The law further goes on to give the employer permission to contact the doctor directly for clarification or confirmation. The direct supervisor may NOT under any circumstances be the one to make that contact but HR or upper management can. AND they do not need to notify you in advance that they are doing so. However, if such contact is made, it can only be to clarify what information is already on the form; not to seek new information. The doctor is still required to adhere to HIPAA regulations; however, if permission for the doctor to provide medical certification is denied by the employee, FMLA can be denied.

I understand your concerns. However, until the new regs went into effect last January, FMLA was (and in the main still is) heavily weighted in favor of the employee, to the point where there was a great deal of abuse that the employers were powerless to deal with. Employees could go to the doctor, get a note that they required leave under FMLA, and get 12 weeks of protected vacation. The changes in law are designed to be sure that the people who are using the protections afforded by FMLA actually need them and are not just looking for some time off where the employer can't fire them.

When a few people abuse a system that is put in place to protect, it hurts everyone.