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I request my child's primary care doctor complete FMLA papers

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for intermittent leave. They...
I request my child's primary care doctor complete FMLA papers for intermittent leave. They included her medical records, appointments and clinical information to my employer. Can I file a lawsuit for HIPPA Violation or FMLA violation?
Submitted: 2 years ago.Category: Employment Law
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Answered in 17 minutes by:
5/1/2015
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,441
Experience: Employment/Labor Law Litigation
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It's not an FMLA violation, because it's not really an FMLA discrimination issue. FMLA doesn't discuss the protection of medical records. That is just HIPAA. You can file a complaint against the hospital for the HIPAA violation though. While they are supposed to give some information on the FMLA form, there isn't a complete release to the employer of all information (unless you signed a release). You can file that complaint with the Department of Health and Human Services in your state. Your employer isn't liable for a HIPAA violation unless they then took the information they got and disseminated it further.
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