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Doctors Note New York New York

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  • Doctors Note New York New York

    My friend's employer wants her doctor to produce a doctor's note for a monthly appointment she has - does she have to provide information about what kind of appointment it (she's concerned she will get fired because its a psych appointment) or is there any law or rule that protects her? It's a small business so FMLA doesn't apply.

    Thanks!

    Andrew

    Edited: I was originally telling the story in the first person and then changed it for clarity and failed at doing so. Sorry
    Last edited by zrealm; 12-13-2011, 07:26 PM.

  • #2
    She isn't required to provide specifics about the appointment. But if the employer wants a doctor's note, then she needs to provide a doctor's note.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      “My friend's employer wants me to produce a doctor's note for a monthly appointment. . . .” OP, are you her doctor? If not, she risks getting in to more hot water at work over producing a “fake” note. She would almost certainly be fired if such a deception is discovered. You could also be prosecuted for impersonating a physician. Both of you could be prosecuted for fraud.

      Assuming you are, in fact, her doctor, you can produce an oblique statement referencing something along the lines that she remains under your continuous medical care and requires monitoring and treatment on a monthly basis. Most employers will back off after receiving such statement from a health care provider.

      Finally, although FMLA does not apply here, an inexplicably nosy employer in the Empire State could conceptually face legal headaches if it disciplines or terminates her for refusing to disclose more about her monthly medical appointments. Such action could be construed as unlawful retaliation for seeking disability accommodation. A New York judge and jury may be particularly amenable to perceiving this situation in such a manner.

      Alternatively, if she discloses to his employer she is receiving psychiatric treatment and her employer terminates her, she would potentially have a viable disability discrimination claim.

      Comment


      • #4
        Originally posted by ESteele View Post
        OP, are you her doctor?
        Per a prior thread by OP 5-2010 OP was then not a doctor - owned
        a co. that sold products online & at trade shows.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          Oh for heaven's sake, I completely missed that "me" in the first sentence. I must need coffee. ESteele, I am so glad you saw that.

          Don't you DARE provide a doctor's note for her unless you really are a doctor.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment


          • #6
            Sorry, I misspoke in the OP - am editing it. She wants her doctor to produce a note.

            I was originally going to tell the story in the first person for simplicity and then changed it and failed.

            Andrew

            Comment


            • #7
              Originally posted by zrealm View Post
              Sorry, I misspoke in the OP - am editing it. She wants her doctor to produce a note.

              I was originally going to tell the story in the first person for simplicity and then changed it and failed.

              Andrew
              Ok, then cbg's reply in post #2 applies.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                Good, OP! I did not intend to be accusatory. But, the way the original post literally read raised eyebrows. Accordingly, the first paragraph of my earlier comment no longer applies.

                To reiterate, if your friend decides to disclose the nature of her treatment, she should have a measure of protection from retaliation by her employer. If, on the other hand, she decides to not to disclose the details of her treatment, her physician should be sufficiently experienced in drafting a discreet statement on her behalf for work. It is unlikely, in my opinion, a manager would then decide to push the envelope and threaten your friend’s position to obtain more detailed medical information.

                Comment


                • #9
                  My friend's employer wants her doctor to produce a doctor's note for a monthly appointment she has -

                  Then all your friend's employer is asking is that when she sees her doctor, she provide a note confirming she had an appointment. It does not appear her employer is asking for any information as to WHY she's seeing a doctor.

                  Comment

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