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    MakGav89's Avatar
    MakGav89 Posts: 1, Reputation: 1
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    #1

    Oct 5, 2013, 03:18 PM
    Health Info for employer
    If I went out of work and was covered under FMLA and my health condition is mental illness, when I was released to go back to work it was under a modified schedule for 4 days instead of 5 days my human resource department is asking my doctor and therapist to disclose my health care issues. I have not and will not sign a records release for my employer to receive my medical record as I feel it is a violation of my privacy. Once my doctor released me to be fit for duty does my employer have the right to let me go because I refuse to give them access to my health care records? Second question is If I do not have a work related illness/injury does my employer have to accommodate a modified work schedule?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Oct 5, 2013, 03:31 PM
    This really should be a new thread.

    Quote Originally Posted by MakGav89 View Post
    ... does my employer have the right to let me go because I refuse to give them access to my health care records? ...
    In a word: yes.

    Quote Originally Posted by MakGav89 View Post
    ... Second question is If I do not have a work related illness/injury does my employer have to accommodate a modified work schedule?
    Is your job covered by the Family and Medical Leave Act ? If so, it perhaps, and it doesn't matter if the condition is work-related. If it is work-related, you have a worker's compensation claim.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Oct 5, 2013, 03:36 PM
    {Moved}

    There is nothing wrong with them asking. But unless it affect the performance of your jib, they can't require it. On the other hand they can dismiss you without having to give any reason.

    Unless your illness is covered by the ADA, then they don't need to accommodate a modified schedule.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Oct 5, 2013, 06:39 PM
    Just to be on the Federal Family and Medical Leave, they can request medical information about your illness to approve additional time to be sure it is justified and needed. They have no obligation to allow reduced work hours or modified schedule, and do not have to allow this, to allow it, most places will require medical evidence that it is needed.

    They should already be aware of the illness since to get the leave to start with, you would have been required to inform them.

    I doubt you will be able to return to work without releasing this information to them.

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