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Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 1529
Experience:  Practicing Attorney with 10 years experience
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I recently returned from personal sick leave when my

Customer Question

I recently returned from personal sick leave when my employer requested a doctor's note containing the diagnostic code with medical info on my reason being out sick? Although I complied, I am concerned if this is legal. I have filed a grievance with them because they failed to notify me of a policy change that required I bring a note with that specific information. I have worked with this organization as a supervisor for 24 years, I have also been out at least 3 other occasions in the past for various reasons, but was only required to bring a note from my doctor stating I could return to to work, no restrictions and the date of return. Suddenly I am told of this change, that resulted in my losing 9 additional sick days because my employer kept refusing to accept the note I was giving them.
This past Friday, I received another note from my employer stating I needed to provide them with pre-sick leave request note, stating specifically what my medical reasons were for taking sick leave. This too, is new, never heard of, or ever requested from me before. they knew a month and a half prior to my taking the leave, but never asked me for this information. Now I am hearing it's a policy that has been practiced for years by them, but no one has ever heard of it. I also want to mention that I am 65 years old and feel there might be some ageism going on with this company trying to force me to retire early.
Submitted: 1 month ago.
Category: Employment Law
Expert:  Asad Rahman replied 1 month ago.

I am sorry to hear this. At this point you are on the right path by filing a grievance. If that does not address it, then you have a valid claim for privacy violations by your employer. They cannot ask that type of information about your medical condition. However, you need to let the grievance process play out.

Customer: replied 1 month ago.
Thank you for your response
Expert:  Asad Rahman replied 1 month ago.

Sure, I know how frustrating this can be. If there are any future discussions, you should remind them this is a hipaa violation.

If you have no further questions, a positive rating would be greatly appreciated.

Expert:  Asad Rahman replied 1 month ago.

Let me know if you have any additional questions.

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