Legal Question in Medical Leave in California
Employer Requests Full Release of all Medical Records for short term leave
My doctor has placed me on short term medical leave for 3 months due to illness (in California) and I am eligible for SDI (this is not a workers comp claim). My employer won't grant me sick pay under their sick pay plan unless I sign a waiver authorizing them full access to all of my medical records (except psychotherapy notes). It seems so invasive and a violation of my privacy. Is this legal? I can put in limits to this waiver but do not know what to say. Any suggestions? I can fax their waiver if anyone would like to review it. I work for a large multi state firm known for legal issues.
1 Answer from Attorneys
Re: Employer Requests Full Release of all Medical Records for short term leave
The terms of the plan may dictate your eligibility for benefits. It's not clear if this is a company sick pay policy or a short term disability plan often available from an insurance company. It is not unusual for insurance companies to require that employees sign medical releases to enable them to determine if you meet the eligibility criteria. Of course you can limit their access to medical records at the risk of being denied benefits.
Since I am not your attorney and do not know the specifics of your case, I cannot advise you what to do. If you need assistance with filling out the forms or dealing with the employer, you will need to retain an attorney for this purpose.
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