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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118299
Experience:  20+ Years of Employment Law Experience
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While out on stress related medical leave my current employer

Customer Question

while out on stress related medical leave my current employer divulged to a prospective employer that I was out on Medical leave. Is that a HIPPA/Privacy violation. Do I have any recourse. My current employer (in NYS) then fired me for Medical Leave Fraud
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
HIPAA is a law that governs "covered entities." A covered entity under HIPPA is a healthcare provider and a healthcare insurer. An employer is not mentioned under HIPAA, so as such an employer is not bound by HIPAA rules.
If an employer is contacted by a prospective employer, they may disclose truthful information about an employee. So if they disclosed that you were out on medical leave and that was truthful, then legally they did not violate any laws.
HOWEVER, if you were legitimately out on medical leave and the employer did not prove otherwise, the termination of your employment for medical leave fraud could end up being a violation of FMLA and considered a wrongful termination. Thus, you need to file a complaint with the US Department of Labor as they investigate FMLA violations and have them investigate or you can file suit against the employer for wrongful termination in violation of your FMLA rights and present your medical evidence that your leave under FMLA was justified and qualified for protection.