Legal Question in Employment Law in New Jersey
My employer requires me to go to a physician when I call out sick. They then require a written note from me explaining what was wrong. They also require me to pay my insurance co pay. I have checked labor laws on line and found that when they demand that I go to a doctor prior to returning to work that it is their responsibility to pay my co pay. I would like to know if they can legally ask me what my medical condition is and also are they in fact responsible for the co pay?
1 Answer from Attorneys
1. HIPAA covered entities which includes most medical service providers may not disclose an individual�s protected health information to the individual�s employer without an authorization, (with some exceptions). However, nothing in HIPAA prohibits an employer from conditioning employment on an individual providing an authorization for disclosure.
2. New Jersey law provides that an employer must pay the fill amount of any medical examination that is required for employment and cannot withhold anything from your pay for those services.
See also: http://info.corbettlaw.net/lawguru.htm
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