Legal Question in Employment Law in Washington
medical leave confidentiality
i am out on extended medical leave, with a doctor's certification. my employer wants to know WHAT my medical issue is. do i have to tell them? this was asked ina meeting, and i told them to contact my doctor. they got angry and persisted in asking me. is this legal?
1 Answer from Attorneys
Re: medical leave confidentiality
An employer may require medical certification of a serious health condition from the employee's health care provider. An employer may also require periodic reports during the period of leave of the employee's status and intent to return to work, as well as fitness -for -duty certification upon return to work in appropriate situations. Though an employer may not require additional information from the employee, it may contact the employee's health care provider for clarification. 29 C.F.R. ยง 825.307.
An employer's forcing an employee to provide information about a disability could constitute interference in the medical leave and possibly also lead to disability discrimination.