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

    Jan 24, 2012, 12:21 PM
    Work privacy, HIPPA, ADA
    I am a federal employee. I had an accident at work. My injury has caused me to be out of work and be placed on a continuation of pay for 45 days, and then be placed on a leave without pay status (for the past 10 weeks). I started to talk with my supervisor to return to work. My supervisor asked for a doctor's note and asked to have the diagnosis written on the note. What I didn't know is that my supervisor then gave my note to another supervisor (let's call her supervisor #2) within my unit (who is not my supervisor) "to help him out." Supervisor #2 calls me and: starts questioning me on the diagnosis; mentions that they don't have work for me; that I can't go back to working full time; harassed me in wanting to know what all my accommodations were going to be. In short, I felt discriminated against, humiliated, threatened, and useless. Afterwards, I spoke with my supervisor and mentioned that I did not want this person involved in my matters to return to work, or having any access to my medical information. Can I do anything about this?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    Jan 24, 2012, 01:36 PM
    I'm an ex-Federal employee.

    What about the Union?

    What is your complaint? That someone who is not entitled to the info received it? It sounds like #2 was helping #1. This wasn't a topic of general discussion.

    If they were both Supervisors in your Unit it is my experience that they cover for each other.

    Is that not the case?

    Did you plan on going back to work BEFORE this exchange of information?

    Short of being transferred to another Unit I don't know how you are going to avoid Supervisor #2.

    I don't think the request concerning accommodations was out of line.

    If you do, go above that Supervisor's head.

    This is not a HIPAA violation nor is ADA involved.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
    Uber Member
     
    #3

    Jan 24, 2012, 01:49 PM
    I'm with Judy, they have to accertain that you are ready to return to work. Many places will not allow you to return before you are 100% fully recovered. Allowing you back before you are opens them up to additional workmans comp issues if you develop new issues from going back too soon.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #4

    Jan 24, 2012, 01:57 PM
    Unless you work in a health care related industry this would not be a HIPAA violation. Injured on the job, wasn't this covered by workers comp?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jan 24, 2012, 02:29 PM
    Yes, there's a Worker's Comp program specifically for Federal workers, not your "usual" State fund. You CANNOT go back to a Federal job without full clearance from a Physician for all of your duties OR a change in your duties to accommodate special circumstances.

    To OP - what branch?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #6

    Jan 24, 2012, 03:46 PM
    If they are a supervisor within your department, they would have access to this, and could be allowed, since they may also consider putting you to work within that department.

    But the issue here is you will need a full release to return to work, If there are accomidations needed, yes they have to be informed,

    On the small amount of info given, while you may not like this one supervisor knowing, several supervisors and management may review and discuss this to find you a place to return.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Jan 24, 2012, 04:41 PM
    First, you may not have had to provide #1 with a diagnosis. All that was needed was for your doctor to certify your ability to work to and any accommodations needed. But since you agreed to provide the info, there was no HIPAA violation. There was no problem with #1 asking for help from #2.

    There might be an ADA issue if they refuse to make reasonable accommodations for you to return to work.

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