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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18791
Experience:  Employment/Labor Law Litigation
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As a small business of less than 5 employees how can i

Customer Question

as a small business of less than 5 employees how can i obtain doctor's notes and medical regards ***** ***** demand for a leave of absence without any supporting data
Submitted: 14 days ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 14 days ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

As an employer of that size, you aren't required to give an employee a leave of absence. On that basis then, you can state that the employee has the obligation to provide documentation supporting the request or you will not grant it.

That puts it in the responsibility of the employee and that's really the only person that can get that medical information, because HIPAA would require that person to sign a release and have the medical information given to you.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 12 days ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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