Legal Question in Employment Law in California
Is my employer entitled to know my surgery date?
I'm on disability awaiting major surgery. My surgeon filled out the necessary disability paperwork and sent it to my employer--in this paperwork, he specifies my return to work date and states that he expects that I will be able to perform the essential functions of my position by that date. He also tells my employer that they could call his office if they had any further questions about my condition. I specified, in writing, that my employer could call him as well--and encouraged them to do so.
Instead, they write or call me once a week asking for updates on my condition and asking when my surgery is scheduled. I have told them that I would prefer them to contact my surgeon's office at the number he provided for them--and they won't do it. I don't want to be non-responsive to their questions--but I would prefer not to have discussions with them, at-length, about my condition. So long as we are within the disability period specified by my surgeon, is my employer entitled to know my surgery date?
1 Answer from Attorneys
Re: Is my employer entitled to know my surgery date?
Have you signed a written authorization? By law, health care providers cannot provide medical information about a patient to third parties, including employers, without a written authorization that meets the requirements of HIPPA.
That being said, it is your obligation to keep your employer up to date, not your doctor's. If both your doctor and your employer wish to communicate directly, fine, but you cannot depend on that. You should make sure your employer receives all the information necessary to cover your leave time and show you are fit to return.
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