While your employer or your employer's agent has a right to confirm with your physician the medical reasons for your need and us of leave under the FMLA, you are under no obligation to sign a general medical records release for either of them.
Under the FMLA, employers can request medical certification when employees request/or take leave. The employer should request only information available in the Department of Labor´s (DOL) Medical Certification Statement (Form WH-380), and its health care provider may contact the worker´s health care provider, with the employee´s permission, for clarification.
The DOL´s form limits the employer´s access to information from the health care provider to what is relevant to the employee´s current serious health condition. This may include the following items:
1. The medical facts that support the determination that the condition fulfills the FMLA´s criteria of a serious medical condition;
2. The date the medical condition began and the expected duration of the condition;
3. Whether leave will be intermittent or on a reduced leave schedule;
4. The duration of the leave;
5. If the serious medical condition is pregnancy or a chronic condition, whether the patient is presently incapacitated and the duration and frequency of episodes of incapacity; and
6. If additional treatments are required, an estimate of the probable number of such treatments.
The FMLA does not provide the employer with broad discretion to seek the release of information from the employee´s health care provider. Under the statute, an employer may not acquire the employee´s medical records or a summary medical report that contains any information beyond that set out in the DOL´s sample certification form.
If your primary goal is to return to the classroom, then you might consider contacting your physician and providing them with the authorization to discuss your limitations with your employer.
I wish you the best in 2011.
Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.
Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,
under the FMLA, can I get all of my sick days back?
Would you be so kind as to Accept my Answer now, so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).