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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18808
Experience:  Employment/Labor Law Litigation
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I request my child's primary care doctor complete FMLA papers

Customer Question

I request my child's primary care doctor complete FMLA papers for intermittent leave. They included her medical records, appointments and clinical information to my employer. Can I file a lawsuit for HIPPA Violation or FMLA violation?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.
It's not an FMLA violation, because it's not really an FMLA discrimination issue. FMLA doesn't discuss the protection of medical records. That is just HIPAA. You can file a complaint against the hospital for the HIPAA violation though. While they are supposed to give some information on the FMLA form, there isn't a complete release to the employer of all information (unless you signed a release). You can file that complaint with the Department of Health and Human Services in your state. Your employer isn't liable for a HIPAA violation unless they then took the information they got and disseminated it further.

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