Am I required to give my employer a description of my medical care during recovery in order to maintain my status as disabled?

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My company is stating that I need to provide them with a description of what my doctor is perscribing for treatment and whether I am meeting these goals in order to continue my disability. They already have a letter from my doctor that I am to be off work for 3 months. Am I required to provide my private information to my employer, since a third party insured handles disability approvals? I submit the required paperwork to the Hartford, and the Hartford passes approval to the company. My company is now sending me e-mails telling me I need to send this same private medical information to them. I really, really don't want to. It is increadibly private for my particular care.

Attorney Answers

2
Michael Kirschbaum ·
It depends on what the information is needed for. If it is to qualify for FMLA/CRFA leave, then, no the employer does not need the information. If it is to qualify for short term disability benefits with a third party insurer, again no. But if you are asking your employer to reasonably accommodate your disability by asking for an extended leave of absence or some other form of accommodation, the employer does have the right to know the nature of the disability and what options may be available to accommodate your limitations resulting from the disability. We refer to is as an interactive process. If you refuse to provide the information they need to work with you, they can say they were unable to accommodate you. In such circumstances, it may become necessary to waive your right to medical privacy, at least to some extent. The employer only has the right to know relevant information sufficient for them to understand your needs and limitations so they can asses how to accommodate you. But you can request that the information be limited only to those individuals who have a need to know. This can be a very complex area of law. If you are unsure how to respond, you can seek the assistance of an experienced employment law attorney in your area.
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Marilynnmika Spencer ·
I agree with Mr. Kirschbaum in all respects. I write to emphasize that an employer's right to medical information under the Americans with Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA) or the California Fair Employment and Housing Act, California Government Code sections 12900, et seq. (FEHA) is limited to only that the employer needs to know to determine if you have a disability and what reasonable accommodation is needed. Please look at my guide on medical examinations and confidentiality under the ADA: http://www.attorneyqna.com/pages/show?category_id=6&permalink=medical-information-and-the-ada--inquiries-and-confidentiality. Please look at my guide on the ADA: http://www.attorneyqna.com/pages/show?category_id=6&permalink=disability-discrimination-in-employment. And finally, please look at my guide to the differences between the ADA and California's more generous FEHA: http://www.attorneyqna.com/legal-guides/ugc/employment-disability-protection-under-californias-fair-employment-and-housing-act-and-federal-ada?published=true. Unfortunately, you may need an attorney to help you handle this situation and protect your job as well as your privacy. Employment law is complicated and fact specific. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org, and you can search for attorneys by location and practice area. I hope you can resolve your situation and wish you the best.
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