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My husband has been dealing with cancer since March. He has…

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My husband has been dealing...
My husband has been dealing with cancer since March. He has had surgery to remove a canceris growth from his head. His employer has sent a person from their legal dept to check out my husbands appearance, they have also ask him to sign a release so they can look at his medical records. Is this legal?
Submitted: 8 years ago.Category: Employment Law
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Answered in 3 minutes by:
6/9/2010
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,624
Experience: Employment/Labor Law Litigation
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If he is requesting time off under the FMLA, then they can legally ask for a release to review his medical records. FMLA leave and be contested by an employer, so they at least have the right to ask for more information.
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Customer reply replied 8 years ago
He didnt use FMLA, he used his vacation time. So he doesn't have to release that info? Can they send someone to look at his appearance? Thank so much for your help!
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 years ago
If he's on sick leave, yes they can send someone by to check him out.

If he's not using FMLA, his time off is not protected. They could legally terminate him, so he might consider releasing the information so that FMLA can be set up.

I'm just not understanding the reluctance to share the information.

Edited by Jagcorps_esq on 6/9/2010 at 7:45 PM EST
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Customer reply replied 8 years ago
We don't feel it is any of their business. This employer feels they can control so much of our personal lives. This has not had any affect on his work or his ability to do his job.
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 years ago
Ok.

If he is not going to have to rely on any FMLA leave at all or company sick leave, then he can deny to fill out the information.

If he ever needs to use that time though, FMLA or company sick leave, he'll have to give them that information immediately.
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