Legal Question in Medical Leave in California
Company Systematically Denying FMLA and Punishing Employees
The transit company I work for is denying all employees FMLA unless they submit a signed Medical Records Authorization form which would release your medical files to the company. According to the forms from the Dept. of Labor my doctor does not have to release my medical condition unless I direct them to. The Medical Authorization form does not say that the records will go to a medical professional nor does it state where they will be stored. It is my belief that the medical practioner is obligated to state if my condition meets the requirements as set forth in the Dept. of Labor forms. I have had this condition certified as a lifetime condition since 2000, and have only had to re-certify with a note from my doctor stating that I still have the same lifetime condition. It is my belief that a non-medical human resources person does not need to know my medical background as I am entitiled to some measure of privacy. Also do the the Health Insurance Portablility and Accountability Act laws apply when they request our records?
1 Answer from Attorneys
Re: Company Systematically Denying FMLA and Punishing Employees
You do not have to sign a medical release of your medical records to get FMLA leave; HIPPAA does apply. So do the state FMLA laws, as well as the CMIA -- Confidentiality in Medical Information Act (California law -- Civil Code Section 52 or 52.1.) You should probably be corresponding through an attorney -- if not, make sure you document your requests -- that you protest in writing their requirement that you sign the medical release.
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