Employment Law Questions? Ask an Employment Lawyer.
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Does your employer have more than 50 employees? Also, have you been working there at least one year?
Since your employer has more than 50 employees and you have been there for more than 1 year, the time you took off should be protected under the Family Medical Leave Act. You would simply need to fill out this form with the assistance of your mother's doctor. Once your leave is certified as FMLA leave, your employer is legally prohibited from taking any adverse employment action against you because you were gone. If you don't fill out this form, though, then you are not protected under the law. HIPAA does not apply here because employers are not covered under HIPAA, only doctors and health insurance providers are.
If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....
It doesn't need to be an ongoing medical problem . If your mother was admitted into the hospital her condition qualifies as a "serious health condition," which means that you qualify for FMLA leave if you have to miss work to take care of her.
Your employer can require proof of your mother's hospitalization, yes. That is what the FMLA form is for. Without FMLA protection you are not legally protected, so it would be prudent to fill out the form as soon as possible.
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