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    Jaykee's Avatar
    Jaykee Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 22, 2011, 06:35 PM
    Nature of my surgery
    Do I have to divulge the nature of my surgery to my employer, I have a scheduled surgey which was planned around my vacation, when I gave notice of my intent, my employer asked the nature of my surgery, I answered, and then was told it could wait, and was denied that time off, was I violated
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
    Jobs & Parenting Expert
     
    #2

    Feb 22, 2011, 06:40 PM

    Had your vacation time been approved already? If so, I don't understand how the employer could say the surgery could wait if your vacation was scheduled. The surgery had nothing to do with anything. You could have been planning to knit an afghan during your vacation. So what?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #3

    Feb 22, 2011, 06:54 PM
    If you are planning in advance to use sick time, then the employer has a right to know why, and if it's elective surgery, then you aren't sick.
    This has nothing to do with HIPAA privacy rights.
    He even has a right to know why you are out sick suddenly. He can conversely say you can't come back to work without a doctor's release.
    If the employer says you cannot take sick time for this surgery, then you would need to produce a statement from a doctor that it is necessary.
    But doctors have clear definitions of elective.

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