Work Is Insisting My Husband Have His Medical Records Released To Them
My husband was put on a restriction at work by his doctor to work no overtime, only 40 hours a week due to a knee injury that was NOT related to his job. He has not missed work and can still perform his job. He is part of a union, but the HR department of the company wants him to sign a waiver to release his medical records to the company. Also, this is NOT a workers comp issue either.. He cannot see a reason why to do this, and neither can I. Can anyone help??
Just a couple more details..
**His restriction is due to a prior surgery had years ago on his ACL. He may need to have it repaired in the future, but for now his is toughing it out due to the fact that we need his income, and that he has only been at his job for 6 months.
**He gave his boss a note from his doctor just stating he is restricted from working more than 40 hours a week.
**The HR Dept said that note wasn’t good enough and they needed a diagnosis listed, which he got and handed in. The diagnosis was apparently too vague and it is still not good enough and they are insisting he sign the waiver to release his medical records.
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4 Responses to Work Is Insisting My Husband Have His Medical Records Released To Them
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And just who, exactly, in the HR department is qualified to interpret medical records? NO ONE!
Sounds like your husband has a temporary, partial disability and he’s got rights.
http://www.eeoc.gov/facts/fs-ada.html
He might be able to quality for FMLA in which case the doctor specifies the limitations and dates and they CANNOT ask for anything else. http://www.dol.gov/whd/fmla/
Information of HIPPA laws.
http://www.hhs.gov/ocr/privacy/
Are they telling him either sign the waiver or you can’t work here anymore? My father went through the same thing. Sort of. He had a heart condition, got open heart surgery and everything and actually released all of his papers to the Postal Service (where he worked)…They had the nerve to bring him in the office one day to speak of his "alleged" heart disease! It was all because of the restrictions the doctor put him on..That’s why they gave him so many problems. If your husband’s union has a rep or something I think he should talk to them. Like someone who would help him file a grievance or something like that. Well good luck! If you have any other questions I can try to help….
Since he is a union member, he should contact the union steward for more information on this matter.
Sure, I can help – TELL THE EMPLPOYER TO F OFF. Those are private medical records, and they have no right to view them or request them – especially if the injury is not work related. The only thing he needs to provide the company is his doctor’s recommendation slip. If they have a problem with the restrictions, that their problem, and they can call the doctor’s office. But tell your husband – do not sign anything. If they attempt to terminate him for it, he can sue. The only medical record they can request is a drug test result for work purposes.
Im guessing this: Your husband works somewhere where there is mandatory overtime. Either he has a real injury, or he went to his doctor and asked to be given some BS knee injury excuse as a reason why he cannot work OT. Now that he has beeen removed from OT, the employer is pissed at him, so they want to review his records. Regardless, they have no right to view them – but I hope your husband isnt lying to them either about this injury…As a PI, I used to follow people around who claimed injuries so they didnt have to work mandatory OT, and I would film them on a weekend playing baseball, going waterskiing, etc. If this is the case, tell your husband to watch his ass and make sure no one is following him away from the house on the weekends or whenever he isnt "on the clock." They are perfectly in their rights to do this too…