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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 1281
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Customer Question

I have been on state disability (California) since January 2012 due to Post Traumatic Trauma which involved the death of my father, and then a brother in MVA and then the suicide of my other brother. Two of these deaths were violent in nature. Due to the high anxiety I now have that includes frequent panic attacks, my psychiatrist continued my disability. I got a request today from my employer asking for the disability form that my psychiatrist sent into state disability. Upon researching this action, I am left a bit confused but most information points to the fact my employer is in violation. Thanx in advance for any answer to this matter. C
Submitted: 5 years ago.
Category: California Employment Law
Expert:  LawTalk replied 5 years ago.
Good morning,

I'm sorry to hear of the situation.

I understand that you are on State Disability based on a diagnosis of PTSD. And I understand the facts that led to your diagnosis.

I'm afraid that I don't understand what your question is. Please answer the following questions for me:

1. Why do you think that your employer is in violation of something?
2. Has your employer had you out on Family Medical Leave Act leave since January?
3. Is your employer trying to decide whether to hold your job for you?
4. Is your employer questioning whether you are still on disability, or still unable to return to work?

Customer: replied 5 years ago.

1. I think they are in violation requesting information from my doctor.

2. My employer has had me out on medical leave paying me nothing. I have been receiving money from state disability, which I have paid into.

3. My employer could be trying to decide whether to hold my job for me.. The job is high stress and I just can't do it right now. I don't mind telling them that and I understand if they can't hold my job for me, but I still would need the disability status.

4. I am not assuming that my employer is questioning my disability. I have been with them for 12 years and they know the situation.

My question is..... What medical record information can they request, receive and to what extent?

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