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Medical confidentiality in the workplace


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I know there are a lot of HR people out there so I have a question for you. I am having an elective operation in January but am not filing FMLA papers for it, I am just going to take a weeks worth of vacation. I do not want anyone to know specifically what I am having done (nor do I wish to share it here). I did tell my supervisor that I was having an operation but did go into detail and she didn't ask because I know she can't legally do so. She did mention that I may need a doctor's note stating I could come back to work, but if that is the case then they will find out what kind of doctor did the operation! I don't want that!

 

I know if I was filing FMLA papers then they could ask for it, but I am using my own vacation time for it and want my privacy. I did put a call into the HR person, but I don't know what to tell her. Can anyone provide me with some info?

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I know there are a lot of HR people out there so I have a question for you. I am having an elective operation in January but am not filing FMLA papers for it, I am just going to take a weeks worth of vacation. I do not want anyone to know specifically what I am having done (nor do I wish to share it here). I did tell my supervisor that I was having an operation but did go into detail and she didn't ask because I know she can't legally do so. She did mention that I may need a doctor's note stating I could come back to work, but if that is the case then they will find out what kind of doctor did the operation! I don't want that!

 

I know if I was filing FMLA papers then they could ask for it, but I am using my own vacation time for it and want my privacy. I did put a call into the HR person, but I don't know what to tell her. Can anyone provide me with some info?

 

why would they know what it is about. A doctor's note coul djust say LB is cleared to go back to work. that is all. Why would they know what kind of doctor?

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I know there are a lot of HR people out there so I have a question for you. I am having an elective operation in January but am not filing FMLA papers for it, I am just going to take a weeks worth of vacation. I do not want anyone to know specifically what I am having done (nor do I wish to share it here). I did tell my supervisor that I was having an operation but did go into detail and she didn't ask because I know she can't legally do so. She did mention that I may need a doctor's note stating I could come back to work, but if that is the case then they will find out what kind of doctor did the operation! I don't want that!

 

I know if I was filing FMLA papers then they could ask for it, but I am using my own vacation time for it and want my privacy. I did put a call into the HR person, but I don't know what to tell her. Can anyone provide me with some info?

 

I find it very odd that you need to inform them what you're doing during annual leave... but I don't work in HR.

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why would they know what it is about. A doctor's note coul djust say LB is cleared to go back to work. that is all. Why would they know what kind of doctor?

 

The doctor writes the letter on letterhead that states what kind of hospital it is and what kind of doctor he is. That's standard procedure.

 

I find it very odd that you need to inform them what you're doing during annual leave... but I don't work in HR.

 

Well, you really DON'T have to tell them, but you are more likely to get the vacation time if you say what it is for. I debated on whether to lie to her and say I was just going out of town or something but I just worried about being caught in the lie somehow. I like my job and don't want to mess it up.

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The doctor writes the letter on letterhead that states what kind of hospital it is and what kind of doctor he is. That's standard procedure.

 

 

 

Well, you really DON'T have to tell them, but you are more likely to get the vacation time if you say what it is for. I debated on whether to lie to her and say I was just going out of town or something but I just worried about being caught in the lie somehow. I like my job and don't want to mess it up.

 

my doctor's pratice is a gerneric name so I didn't think of that. So you wouldn't know what kind of doctor she is. Even if it is on letter head how close do oyu thinki they would read it.

 

I would def ask HR since you are taking vacation time. You shouldn't have to have a note.

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my doctor's pratice is a gerneric name so I didn't think of that. So you wouldn't know what kind of doctor she is. Even if it is on letter head how close do oyu thinki they would read it.

 

I would def ask HR since you are taking vacation time. You shouldn't have to have a note.

 

The doctor is a "specialist," therefore it will be obvious the "type of operation" I am having, but not specifically what is is. I don't want them to know anything at all about it.

 

I just kind of feel like they are taking my privacy away, if I wanted them to know what kind of operation I would have, then I would tell them. Obviously, I don't.

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desertIslandCactus

I'm in the printing busines. 'Notes' and letterhead are two different things.:)

 

Should she ask, give her what she wants... Lop the top and bottom off of the stationery, and give her her "note".. Drs. are known for their bad signatures or scrolls, so that should be covered.

 

(Ask the doctor to make it as brief as possible, while not advertising his/her services.)

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You could just ask for the note that you are ok to go back to work from your family doctor that way the specialist wouldn't be involved with the note writing. Also you could try googling the specialist... if they don't automaticaly come up obviously... like there are a bunch in your area, or the one in your area doesn't come up... then you could just ask him to write the note on non letter head so you can keep it private. Some HR people are highly unprofessional and let everything from pay rates, resumes, and what ever else slip... maybe you have a good hr office

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You could just ask for the note that you are ok to go back to work from your family doctor that way the specialist wouldn't be involved with the note writing. Also you could try googling the specialist... if they don't automaticaly come up obviously... like there are a bunch in your area, or the one in your area doesn't come up... then you could just ask him to write the note on non letter head so you can keep it private. Some HR people are highly unprofessional and let everything from pay rates, resumes, and what ever else slip... maybe you have a good hr office

 

Very good suggestions thank you! I like the idea of asking my family doctor to write the note. There is a possibility they could tell me that they can't write the note though because they don't specialize in the area.

 

I could ask the specialist to write it on non-letterhead in hopes that they won't be able to link the doctor or care enough to check it out. I don't have a lot of faith that the HR lady will keep this to herself, next thing I know my supervisor will want to see it, then who knows what will happen. She probably will say she has to show it to my supervisor. I work in a small unit of a rehab center where everyone is up in each other's business. I just have a bad feeling about a letter being in circulation. Not that I think my supervisor will go around showing the letter, but who knows what could happen is a small office.

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It does seem that any doctor you work with, will put it into any format you desire, and for privacy reasons.

 

I hope so. I know that if you file FMLA paperwork it's different, the employer needs verification because they are paying for you to take leave. But I am using my own vacation, so hopefully they will be flexible in what they classify as a "note".

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eerie_reverie

I also think it's weird that you need a doctor's note to go on vacation/ come back, I would feel like I was in grade school. I'm pretty sure vacation is a standard part of a benefits package, you don't need to tell your employer what you are doing in your time off.

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desertIslandCactus
I also think it's weird that you need a doctor's note to go on vacation/ come back, I would feel like I was in grade school. I'm pretty sure vacation is a standard part of a benefits package, you don't need to tell your employer what you are doing in your time off.

 

Not to leave, but to come back. A larger company may feel they need a doctor's statement for an employee to resume their duties after a disclosed medical procedure.

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I also think it's weird that you need a doctor's note to go on vacation/ come back, I would feel like I was in grade school. I'm pretty sure vacation is a standard part of a benefits package, you don't need to tell your employer what you are doing in your time off.

 

Well, they don't require any kind of note to go on vacation, but I disclosed that I was having a medical procedure done, but was taking vacation time to recover. I considered lying to her, but thought that could come back to haunt me somehow. Because we are so short staffed my supervisor does usually want some kind of reason for wanting an extended period of time off (like you are going on vacation). I debated whether or not to lie and say I was going on vacation. I wasn't expecting her to say I had to provide any doctor's note which is why I didn't lie. Now I'm thinking that I should have...

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desertIslandCactus
I hope so. I know that if you file FMLA paperwork it's different, the employer needs verification because they are paying for you to take leave. But I am using my own vacation, so hopefully they will be flexible in what they classify as a "note".

 

I think you did the right thing in handling it on your own time and finances. That pretty much puts you in the driver's seat as far as disclosure.. Any persistance from them aside from a signed Dr's Statement, would speak for itself it would seem.

 

Everything is online, probably even how much disclosure you are required to give an employer should you have surgery while being off the clock, and not using their insurance.

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desertIslandCactus
Well, they don't require any kind of note to go on vacation, but I disclosed that I was having a medical procedure done, but was taking vacation time to recover. I considered lying to her, but thought that could come back to haunt me somehow. Because we are so short staffed my supervisor does usually want some kind of reason for wanting an extended period of time off (like you are going on vacation). I debated whether or not to lie and say I was going on vacation. I wasn't expecting her to say I had to provide any doctor's note which is why I didn't lie. Now I'm thinking that I should have...

 

I'm glad you told her the truth. We have to make a difference. We'll see how much further they will go with this - if at all.

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I think you did the right thing in handling it on your own time and finances. That pretty much puts you in the driver's seat as far as disclosure.. Any persistance from them aside from a signed Dr's Statement, would speak for itself it would seem.

 

Everything is online, probably even how much disclosure you are required to give an employer should you have surgery while being off the clock, and not using their insurance.

 

We get PTO banks (paid time off) which are used for everything from holidays, vacation, sick time. I was reading through my employee manual and it says that there is an "extended illness bank" but I am unsure what the difference is between that and regular PTO. Maybe they are saying that if I want to use my extended illness bank then I need a note? I dont' know.

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desertIslandCactus
We get PTO banks (paid time off) which are used for everything from holidays, vacation, sick time. I was reading through my employee manual and it says that there is an "extended illness bank" but I am unsure what the difference is between that and regular PTO. Maybe they are saying that if I want to use my extended illness bank then I need a note? I dont' know.

 

At least you can take extended time, if need be.

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DrifterGirlOne

Keep in mind FMLA is there to protect you and continue your employment benefits. Even if you don't anticipate complications, it is better to have FMLA on your side.

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Keep in mind FMLA is there to protect you and continue your employment benefits. Even if you don't anticipate complications, it is better to have FMLA on your side.

 

I don't qualify for FMLA because I have not been there for 12 months. So that's why I elected to take PTO.

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If I were you I just wouldn't get a note. Then if they end up asking you say "oh I forgot." then if they keep asking you just go to your regular doctor you get a physical at and say I need a note saying I'm in good health. But really just comming back and saying you forgot should shut them up. Then you conviently forget again. I doubt they really need this and would probably give up.

 

When you say you forgot make them feel guilty for asking "Oh I forgot I havn't needed a note for a doctor since elementary school" and then just smile friendly.

 

Next time you are taking off work just don't even give the reason. Then if they ask just say "its personal."

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desertIslandCactus
If I were you I just wouldn't get a note. Then if they end up asking you say "oh I forgot." then if they keep asking you just go to your regular doctor you get a physical at and say I need a note saying I'm in good health. But really just comming back and saying you forgot should shut them up. Then you conviently forget again. I doubt they really need this and would probably give up.

 

When you say you forgot make them feel guilty for asking "Oh I forgot I havn't needed a note for a doctor since elementary school" and then just smile friendly.

 

Next time you are taking off work just don't even give the reason. Then if they ask just say "its personal."

 

I agree

 

Laurie, if it's brought up again, just say: I'm taking some personal time for my time off. :)

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You don't need a doctor's note and your employer doesn't have the right to demand a note since your recovery time is on vacation time.

 

If they ask what type of surgery, just say it's personal and nothing else.

 

Now if you start telling them when you come back that you can't do this or this or show signs that you're incapable of doing your job, then this changes things.

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If I were you I just wouldn't get a note. Then if they end up asking you say "oh I forgot." then if they keep asking you just go to your regular doctor you get a physical at and say I need a note saying I'm in good health. But really just comming back and saying you forgot should shut them up. Then you conviently forget again. I doubt they really need this and would probably give up.

 

When you say you forgot make them feel guilty for asking "Oh I forgot I havn't needed a note for a doctor since elementary school" and then just smile friendly.

 

Next time you are taking off work just don't even give the reason. Then if they ask just say "its personal."

 

Some places you can't get past medical though.

 

Actually LB, it would not have been lying as vac time is your time...what you do is your business...

 

No Green, she's stuck now...the co needs to protect themselves.

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(1) HR people don't go telling your personal business to people.

 

(2) If you hadn't told your HR person that you were having surgery, you wouldn't have a thing to worry about because they wouldn't know why you were gone. Thing is, you did. So now they're on notice that you're having surgery, and as a result, in most states they're now duty bound to make sure you're "physically capable of performing/qualified to perform the essential functions of your job (with or without a reasonable accommodation) upon your return." Establishing that you're physically capable/qualified doesn't require a doctor's note, however. Your own sworn certification should be sufficient. :)

 

But... depending on what type of surgery you're having, what sort of recovery you have/need, etc., you may ultimately find that you end up needing a reasonable accommodation of some sort, even if that reasonable accommodation is more time off work. Unfortunately, that may require disclosure of your condition, but only to those in HR.

 

As you know, I practiced employment law for 7 years, and while not every state is the same, most follow Federal law so I'm very well versed in this sort of thing. If you need any more input, feel free to PM me.

Edited by a LoveShack.org Moderator
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