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abigail c · May 18, 2011, 03:27 PM

I work for a Massachusetts retail sales catalog company as a customer service representative. This company operates their 2 Massachusetts call centers 24 hrs a day 7 days a week. My shift is a day shift from 8:15-4:15 sun-thurs. In the center that I work, there are 35+ operators; most considered seasoned operators and at least 2 other customer service representatives. There are also 4 leads (supervisors) 2 assistant managers and 1 manager. The manager seems to have sole discretion to approve or disapprove paid time off for any reason. We accrue our paid time off depending on years service x hrs for x hrs worked. The company lumps together vacation/holiday/sick time as paid time off. They do NOT break down x number paid holidays; x number sick days; x number vacation days. I have ample time available to use. I have requested a full day off to go to a doctor's appointment. My manager has asked me to provide the time of the appointment so as to have me either come in and leave early or to come in later and stay to the end of my normal shift. I live 19 miles from my job and my doctor is 18 miles from me in the other direction. (work = chelmsford/home = lawrence/doctor = haverhill). My primary care physician is only in his office from 9-2 on Tuesday and 9-4 Thursday. I have an ongoing medical condition that requires I see him 4 times per year. Since it is left to the manager's sole discretion for time off can the manager A.) Ask the time of the appointment and B.) Demand me to work part of my day without violating any HIPPA (and possibly Massachusetts labor laws)

tickle · May 18, 2011, 04:43 PM

It is HIPAA not HIPPA and has nothing to do with labor laws. If your supervisor wants to be made aware of your medical appts. I don't see a problem with that. He has to know this probably because of scheduling concerns?? He is not divulging any of your pertinent data by doing this, and I don't see a problem of you working up until your appt.

Okay why do you feel he is violating HIPAA by demanding you work part of the day (B). That is not violating anything about your personal information.

Do you actually know what HIPAA is? So what is your ongoing medical condition?

Tick

joypulv · May 18, 2011, 05:23 PM

I agree that this has nothing to do with HIPAA.
But although it is odd that a company lumps all types of days off together, it isn't odd to 'approve' time off. It just means preparing a good reason for needing the full day off, rather than making a case out of it. They can argue that you have a right to see your doctor but that the day you see him isn't a good one for personal/holiday/vacation time. So.. be creative instead. You have to fast, you have to take some horrible drink before a scan, they do tests that make you feel awful, you often have to wait 2 hours in the waiting room - anything.

Fr_Chuck · May 18, 2011, 06:52 PM

Yes, this is not any violation of any type, Labor or medical. Obvious you have no idea what the law is about.

They can require a doctor note to allow you off for doctor visit, and can require you to come in, if your appoint will allow it. This is reasonable and actually very common for many companies

J_9 · May 18, 2011, 11:41 PM

This has absolutley nothing to do with HIPAA. Think of HIPAA this way, it's actually doctor/patient privilege.

If your employer calls your doctor and asks about your medical condition, and your doctor gives that information out without your consent, then your doctor violated HIPAA.

HIPAA does not cover retail sales catalog companies as they are not medical providers.