Legal Question in Employment Law in California

I called my manager telling her I was not able to go to work because I had to take my husband to the ER because he wasn't feeling well and I have paid days off available. Upon my return, she is asking for a dr's note from my call out day. Is it legal to ask for a dr's note when it was my spouses illness and his information? Isn't that confidential information? Could I be penalized for denying this documentation? Isn't this a HIPPA violation mostly if he is not accepting the disclosure of his information? I was told that as long as the documentation had his name and date I could blackout his information bt I don't feel comfortable doing this either.


Asked on 8/05/14, 9:44 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You are the one that put his medical visit in issue. The employer has a right to verify the truth of your claim of need. All that is required is s doctor's staff statement that you accompanied him to the doctor during a certain time period, not a violation of any privacy as to his condition. I'm sure they never asked for that. If they did, my answer would be different. If they didn't, you are needlessly complicating this by trying to argue with them about something not in issue.

Read more
Answered on 8/06/14, 10:30 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California