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I have had c diff very seriously and my company put me out…

Customer Question
I have had c...

I have had c diff very seriously and my company put me out on fmla. I have been out 8 weeks I am finally ready to return to work and getting avoided. In addition when I went out on medical leave it was announced to everyone what was happening and what i had. They also have boxed up my desk with all my stuff. Is this legal.

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

It is a small town company no HR department, manager etc. I was going to contact a lawyer but this is a small town

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No I live in PA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Those are the main facts but now they also want me to see one of their doctors before coming back. How is that legal from a hippa perspective.

Submitted: 3 months ago.Category: Employment Law
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4/2/2018
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,288
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

Thanks so much for your patience. So, it's not illegal for the company to box up your stuff. FMLA prohibits employers from terminating an employee on the basis of their disability and requires that they protect their jobs while they are out for up to 12 weeks. An employer can require that you see one of their doctors to to determine if you are healthy enough to return to work. The employer cannot see any documentation related to your treatment, but is allowed to be told by the doctor generally whether you're healthy enough. HIPPA laws prohibit any physician that is treating you from disclosing your personal health information, but they can say, "I believe this person is healthy," without divulging your health info.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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