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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12626
Experience:  Significant experience in all areas of employment law.
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I have question regarding the workplace environment and my

Customer Question

Hi,
I have question regarding the workplace environment and my rights. I have a situation where I had to call out of work to take my mom to the hospital. I called in about 7-8 hours before my shift advising I won't make it. As I come to work the next day, they require documentation that my mom was at the hospital. Is that against the HIPPA privacy law since I wasn't the patient but my mom.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 1 year ago.

Does your employer have more than 50 employees? Also, have you been working there at least one year?

Customer: replied 1 year ago.
they have more than 50 employees. I've been here for almost three years.
Expert:  Patrick, Esq. replied 1 year ago.

Thank you.

Since your employer has more than 50 employees and you have been there for more than 1 year, the time you took off should be protected under the Family Medical Leave Act. You would simply need to fill out this form with the assistance of your mother's doctor. Once your leave is certified as FMLA leave, your employer is legally prohibited from taking any adverse employment action against you because you were gone. If you don't fill out this form, though, then you are not protected under the law. HIPAA does not apply here because employers are not covered under HIPAA, only doctors and health insurance providers are.

Expert:  Patrick, Esq. replied 1 year ago.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Customer: replied 1 year ago.
It wasn't an ongoing medical problem in which I had to take my mom to the hospital it was more like an emergency where she didn't feel good. Therefore I don't believe that form would apply. In any case, are you stating that my employer can request documentation of my moms hospitalization for proof i was with her?
Expert:  Patrick, Esq. replied 1 year ago.

It doesn't need to be an ongoing medical problem . If your mother was admitted into the hospital her condition qualifies as a "serious health condition," which means that you qualify for FMLA leave if you have to miss work to take care of her.

Your employer can require proof of your mother's hospitalization, yes. That is what the FMLA form is for. Without FMLA protection you are not legally protected, so it would be prudent to fill out the form as soon as possible.

Expert:  Patrick, Esq. replied 1 year ago.

Again if there is anything more I can do for you just let me know. It's my pleasure....

Expert:  Patrick, Esq. replied 1 year ago.

Are you still with me?

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