I live in Wisconsin and I've been prescribed pain killers for my motorcycle accident and needed help to get off, so I filed for fmla and short term disability and went to my primary dr and he put me in detox for a week and after I got out I went back and he thought it would be a good idea for me to be off a month to get my life back to normal how ever now fmla and short term disability wants my dr to send them information about my addiction, such as what's my treatment is this month, why I need to be off for a month, and if I'm off what inpatient or outpatient am I going to which I'm not currently in because it's very expensive and I don't feel like I need it been clean for almost 3 weeks. I wanna know if they have the right to know what my problem is and what's my plan, and all the treatments I'm doing or are the breaking hippa laws?
It depends. This *may* violate the Americans with Disabilities Act (ADA)'s prohibition against unlawful medical examinations. It will depend on why your employer wants this information: if it's for a legitimate business purpose, it will be lawful, if it's to uncover other health defects, it will be unlawful.
Gather more information on why your employer wants this information then perhaps contact an employment attorney.
With respect to FMLA, your employer may require that the need for leave, in your case detox, be supported by a certification issued by a health care provider. Your employer must allow you at least 15 calendar days to obtain the medical certification. The question then is the amount of information you are required to provide for that certification. A medical certification will be deemed sufficient if it includes 1) the approximate date on which the serious health condition commenced, and its probable duration, 2) a statement or description of appropriate medical facts regarding the patient's health condition for which FMLA leave is requested. The medical facts must be sufficient to support the need for leave. Such medical facts may include information on symptoms, diagnosis, hospitalization, doctor visits, whether medication has been prescribed, any referrals for evaluation or treatment (physical therapy, for example), or any other regimen of continuing treatment, and 3) information sufficient to establish that the employee cannot perform the essential functions of the employee's job as well as the nature of any other work restrictions, and the likely duration of such inability. if your employer finds that the information you provide them is insufficient, you will have 7 days to provide a sufficient certification otherwise the employer will be within its rights to deny your leave.
Your short term disability requirements are governed by the language in your policy. I would imagine that it would require a similar certification.
If you have any concerns about your employer's handling of your FMLA and short term disability situation, I suggest you contact a local attorney who handles employment law.
