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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 36994
Experience:  30 years in Employment law
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My daughter is taking a medical leave to participate in a

Customer Question

my daughter is taking a medical leave to participate in a day treatment facility for a mental health issue. The program starts in 10 days and her boss told her can work the week before starting treatment, and that she would be on the schedule for 40 hours. She showed up at her assigned time and several people asked her why she was there, as the supervisor had told them that she was on medical leave until further notice. Many wanted to know what was wrong. after about an hour, the HR person, whom my daughter spoke to the previous day about when her treatment started and that she was working that week, called her into her office. She stated that she spoke to their attorney and bc my daughter is in a supervisory role, they wanted a dr. note saying that she was capable of working. She does not currently have a physician, she will be working with one in the treatment center. When she said this, the HR person told her she needed to leave. She collected her things and left while many people in the store asked her what was going on (she did not answer). Later, a few people texted her saying her boss told them she was on medical leave and just wanted to know if she was okay. I know they were just concerned, but she very much felt like this was handled poorly. Did the manager violate any laws?
Submitted: 6 months ago.
Category: Employment Law
Expert:  Ray replied 6 months ago.

Hi and welcome to JA. Ray here to help you today.

She may consider a HIPAA complaint if there was medical information disclosed to third parties.She would need to get a note from the treatment facility here to document her condition and treatment.Thats a reasonable request if this was done privately.

If they granted the medical leave here the discussion/disclosure would be the problem, this should have been done totally privately without anybody else involved.HR should have talked to her immediately and privately.

Filing a Complaint. If you believe that a HIPAA-covered entity or its business associate violated your (or someone else's) health information privacy rights or committed another violation of the Privacy, Security, or Breach Notification Rules, you may file a complaint with the Office for Civil Rights (OCR).

http://www.hhs.gov/hipaa/filing-a-complaint/

She might have a civil suit here against employer for the invasion of her medical privacy.Doing this in front of third parties certainly does no seem appropriate to guard her privacy.She may consider a local employment lawyer to pursue such a suit and file her complaint too.

Here is lawyer referral to do so.

https://www.google.com/search?q=ny+lawyer+rerferral&ie=utf-8&oe=utf-8&client=ubuntu&channel=fs&gws_rd=ssl

She can also file with EEOC if she thinks there was discrimination involved based on her race, sex, age, etc.This would also be a civil cause of action as well.

I think making the complaints here protects her, you file retaliation with EEOC if they try to terminate her along the way as you have documented prior events.

I appreciate the chance to help you today.Thanks again and the best to you both.I hope she can get the care she needs here.

Have a great memorial day weekend.