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Intermittent FMLA Michigan

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  • Intermittent FMLA Michigan

    I have an important question to ask because I do believe that my employer is violating the HIPPA Law. Starting in October my employer would like for us to start calling this company that is located in Chicago when we are calling off for FMLA and then they also want us to call the employer 2 hours before our shift starts as well. This secondary company is suppose to be able to call my doctor when I call off. Also, the company was requiring us to fill out a authorization card in order for us to obtain information for FMLA about our health conditions. If the company feels that our doctor is making up our health conditions they will send us to another doctor.

    I'm confuse because first of all this second company shouldn't know none of my health conditions especially that is out of state, secondly I feel that they are some how violating the employees.

    Can someone please help and give me some advice?

  • #2
    HIPAA (not HIPPA) limits who may reveal information. HIPAA does not prohibit anyone from asking for information. So no, nothing you have posted is a violation of HIPAA.

    An employer is entitled to enough medical information to know whether or not FMLA applies, and the new regs specifically give the employer permission to contact the employee's doctor, as long as it is not the employee's direct supervisor who makes the call.
    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.

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