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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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My issue is regarding PAA.
, I had an unexpected

Customer Question

Customer: Hi, my name is Janell. My issue is regarding HIPAA.
JA: Thanks. Can you give me any more details about your issue?
Customer: I had an unexpected emergency surgery last year and was out for 3 months. I came back for several weeks. During this time, my doctor took me off of a particular medication and this caused a very bad reaction and I ended up in a coma. I was out for another 3 months. The second time, my employer started pressuring me to return and said if I did not, I would not have a job. So, I returned. Over the past year, I have had to take time off to see my doctor. I was finally written up for too many absences. The HR lady basically spread rumors that she was out to fire me. Everyone that has taken time off for being sick has been fired. Today, I went to the doctor and the doctor's office told me that the HR lady called them to verify my doctor's note. Ok, that's fine. Then, she told them that they "had" to see me in the office before writing me a note and that they could not backdate a note.
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Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.


This is Samuel and I will discuss this and provide you information in this regard.

Please tell me what is your question in this regard?
What information can I provide to you?

Customer: replied 1 year ago.
My HR office called my physical to verify a doctors note and told them that they were required to see me at the office and were not to back date any notes. For example, I was out sick today and yesterday. So, they can not ask for me to be excused for yesterday. Can my employer dictate what my doctor does with regard to my note?
Expert:  Samuel II replied 1 year ago.

Thank you.

IF your insurance is covered in part or whole by your employer, they have a write to verify the information with your doctor.

They are also allowed to have "policy" as it relates to sick days, what is required, etc. Employers are not mandated by any law to allow paid sick days to employees. So if they offer that benefit, they can make their policy in that regard.

Expert:  Samuel II replied 1 year ago.

And do yes, your employer may explain the policy to the doctor to ensure that the notes are in accordance with these policies.

Customer: replied 1 year ago.
Thank you :)
Expert:  Samuel II replied 1 year ago.

You're welcome. Thanking you in advance for a positive rating.

Customer: replied 1 year ago.
Quick question. The policy states that a written note is required after a three day absence and is moot regarding verification or content of the note.
Expert:  Samuel II replied 1 year ago.

It does not need to specify the note will or will not be verified. But I suggest you can discuss the other issue with the HR. Of course, they are permitted to make changes in policy, as long as it then is applied equally to all employees.