[upsetrn]

I went out on FMLA due to a personal illness. HR director contacted my doctor asking probing questions about my condition. My dr of course did not give out any information due to this being a HIPPA violation but he did inform me of the contact she made. In addition, all of HR seemed to know my business. My supervisors let my best friend know that they knew why I was out. Other administration also knew I was out on FMLA who had nothing to do with my supervision. What can I do about this obvious violation of my rights and privacy?

[smoothy]

Unles you worlk for a medical facility your employer isn't obligated under HIPPA. THat applies only to the medical offices that have your records not third parties.

As far as the FMLA they certainly have the right to know details to establish if it applies or not.. Because believe it or not there are people who have abused that for the wrong reasons when they really didn't qualify. And they do have the right to further proof the claim is legitimate beyond what you claim on a form.

Anything that happened falls under existing company policys pertaining to that... which is really a lot more liberal than most people tend to think... and some of these people won't be under your chain of administration... depending on your corporate structure.

[ScottGem]

As noted, HIPAA was not violated. Your doctor didn't reveal information and it is not a violation to ask for info.

The HR dept would appear to have breached ethics by discussing your leave with other people. What the punishment or penalty would be a matter of your corporate policy.

[Emland]

If your doctor didn't give out any personal details, who will you sue for what?

It is within reason for HR to determine if you meet the guidelines for FMLA, that is that you are unable to perform your job due to medical reasons.

[AK lawyer]

I don't think FMLA contains any provisions (such as in HIPAA) protecting your privacy.

[Fr_Chuck]

HIPAA was not violated since your doctor did not give out any information.

They may of course cancel your FMLA if they do not receive the proper documents to prove the need for the FMLA. So the company does have the right to know the medical issues involved to prove you have a right to FMLA. So failure to provide some information may require you to return to work.

Next FMLA is not protected, they may tell others, that you are out on leave for it. Not good company policy but not illegal.

[joypulv]

So many people are confused about HIPAA! An employer has every right to know about your condition because it affects the workplace. You could be contagious, you could get dizzy and fall down the stairs, you could bring drugs in that endanger others or yourself, even if you are just driving in or out of the company parking lot, or you could harm others if you have a mental illness. You could disrupt operations and dealings with customers and co-workers. Your company's insurer might even be demanding more info and they can demand an evaluation from another doctor. You don't have the right to a 'personal' reason to be out on leave.