Legal Question in Medical Leave in New York
FMLA HIPAA , bonus, and written notice violations?
I became hospitalized and was put on disability by my Doctor on 5/18/2007. I called my supervisor 3 times to inform my company of my illness, no response. I sent a certified letter to them requesting FMLA land disability paperwork. As of this date, 6/6/2007, I have not received any paperwork. Is this a violation? My supervisor sent an email to all managers and corporate staff (with a note to distribute to EVERYONE!) describing my hopitalization, my diagnosis, said I had ''other medical problems'', and that I was on medication. Is this a violation of PHI and HIPAA while on FMLA?
As a property manager of 88 units, and the only worker other than my 2 maintenance men, I receive a monthly bonus on resident renewals, and 100% occupancy rates. The renewal bonus' are worked on by myself 2 1/2 months in advance, and the occupancy of 100% is due to my hard work. My company had a leasing agent from another community come into my office to work part ime, answer phones, and collect rents. They gave her my managerial bonus' for the last 2 moths. Is this a violation? Thank You
1 Answer from Attorneys
Re: FMLA HIPAA , bonus, and written notice violations?
Your right to FMLA leave is dependent upon the size of the company and how long you have worked there.
Based on your description, it does sound like your medical privacy rights under HIPAA may have been compromised. You should consult with an attorney in your area for additional advice.
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