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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12801
Experience:  Significant experience in all areas of employment law.
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I was out of work for 2 week with chicken pox. I voluntary

Customer Question

Hi Yes my name is ***** ***** was out of work for 2 week with chicken pox. I voluntary told HR that I had then. I recieved clearence from MD to return to work. WHen at work today at 3 PM HR called and stated that the note was not adequate that thye wanted dx of chicken pox and treturn to work. I provided returen to work stating that I was clear but thye want the diagnosis. I can not return to work until MD re write clearenc. Can they demand to know diagnosis?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Illinois Cook COunty
JA: Is the employment agreement "at will," union, full time or part time?
Customer: at WIll I am in a magement position but we are an unio shop I work full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 8 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 8 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

An employer cannot demand to know the medical diagnosis of one of their employees. Such a demand is contrary to the Americans with Disabilities Act, which gives employees a right to privacy with respect to their medical conditions. All an employer is entitled to know and verify is that you are able to safely and effectively perform your job without risk to yourself or others. Source: http://www.eeoc.gov/policy/docs/guidance-inquiries.html#4

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....