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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31027
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My hr department is asking for my spouse hospital visitation

Customer Question

My hr department is asking for my spouse hospital visitation paperwork to legitimatimize my absence?
Submitted: 21 days ago.
Category: Legal
Expert:  Roger replied 21 days ago.

Hi - my name is ***** ***** I'll be glad to assist.

Customer: replied 21 days ago.
Hi
Customer: replied 21 days ago.
Would that be a violation of hippa
Expert:  Roger replied 21 days ago.

No, this is not a violation of HIPAA as it only pertains to confidentiality of medical records. Your employer is not entitled to your wife's confidential medical records under these circumstances. However, your employer is entitled to a note or some proof that your spouse was hospitalized. But, access to medical records are strictly protected by federal law.​

Customer: replied 21 days ago.
Do I have no choice but to get her hospital notes even though I wasn't the one in the hospital
Expert:  Roger replied 21 days ago.

Your employer is entitled to know why you weren't at work IF you didn't have the necessary vacation time, etc, or if you claim the time under FMLA....and if it was because of her being in the hospital, you could get something in writing from her treating physician that says she was hospitalized with the dates....and that should be sufficient.

Customer: replied 21 days ago.
I just feel like that's not ok having to provide hospital notes for someone esle
Customer: replied 21 days ago.
I did have vacation time while she has been in the hospital. I had paid time off
Expert:  Roger replied 21 days ago.

Well, they're not entitled to her medical records or notes.....but if you're using her hospitalization as the reason for your absence from work, the employer is entitled to proof to support your excuse. This would especially be true if you were claiming time away under FMLA.

Expert:  Roger replied 21 days ago.

If you had vacation time, you should be able to claim that time without any explanation (unless your company's policies require otherwise).

Expert:  Roger replied 21 days ago.

But, the employer is not in violation of HIPAA unless it were to request her medical records.

Customer: replied 21 days ago.
Ok because my boss just told me on Monday day that m hr department wants me to provide doctors notes proving that she was in the hospital even though I used vacation time. Only 2 maybe 3 days I missed that I didn't have vacation time.
Expert:  Roger replied 21 days ago.

Ok.

As I said, your employer would be entitled to a note from her doctor that says your wife was hospitalized for the days in question. That should suffice.

Customer: replied 21 days ago.
Ok the hospital is not going to provide to give me hospital notes to me for her visits I doubt they will give me that information
Expert:  Roger replied 21 days ago.

You really shouldn't need that -- all you should need is a letter from the doctor's office that says she was hospitalized for the dates in question.

Customer: replied 21 days ago.
Ok I just do t feel that's OK to be asking for her doctors visit info. Could they fure me without penalty if I don't want to give them anything I don't appreciate them asking g about her when she is not employed for them
Expert:  Roger replied 21 days ago.

Whether they could do anything depends on your company policies, absence policies, etc. It also depends on whether you have an employment contract or if you're an at-will employee.

Expert:  Roger replied 21 days ago.

I understand your thoughts, but your employer likely isn't really interested in your wife's medical situation......instead, they're wanting proof as to why you missed work -- whatever that reason may be. It just so happens in this instance that it is because your wife was hospitalized.

Customer: replied 21 days ago.
Ok was curious I just don't think k that's ok.
Expert:  Roger replied 21 days ago.

I understand, and it is certainly a legitimate concern.....Please let me know if you have any additional questions.

Expert:  Roger replied 21 days ago.

Also, please take time to positively rate our conversation so I may receive credit for assisting you. Thanks again for allowing me to assist!