How Do Companies Verify Doctor’s Notes?
Some employees are surprised when their employers request doctor’s notes or require written proof of a visit to the doctor.
Although companies have discretion in terms of their policies regarding doctor’s notes, for example, patients’ employees also have legal rights.
It can be difficult for busy employees dealing with sickness or injury to figure out what they owe their employers and what their employers must provide them. Since medical issues are personal and subjective, it often depends on the specifics of any situation. However, most companies have policies that go into effect when workers miss shifts due to sickness or injury.
When an employer verifies a doctor’s note, they do so to make sure that the employee has a legitimate medical reason for missing work. Typically, the employer ensures that the doctor sees the patient and sends the note. According to the Health Insurance Portability and Accountability Act (HIPAA), the employer cannot ask for any other details about the patient’s health.
How does HIPAA help to protect employees’ rights when they take medical leave?
What Are Employees’ HIPAA Rights?
The Health Insurance Portability and Accountability Act (HIPAA) protects employees’ lawful confidentiality of their health records. For example, HIPAA policies require that doctors cannot share information about their patient’s health records without their permission.
How does HIPAA impact the notes that doctors write for employees? Employers have the right to ask for a doctor’s note to ensure that the employee has a legitimate reason for missing work. However, the doctor cannot inform the employer about the patient’s health or overall medical situation. The doctor can only provide this information to employers if the worker authorizes it in writing.
Based on this, most doctors’ notes do not specify the patient’s medical condition. Rather, they serve to legitimize the condition and, therefore, the reason the patient and employee missed work. Doctor’s notes also typically include the date and time of the appointment and a recommendation for how long the patient will need time off.
How Can Employees Find Out About Their Company’s Medical Policies?
Most workers will find company information about sick days, doctor’s notes, and medical leave in their employee handbook or the contract they signed. Employers can come up with their policies regarding sick leave, so it is vital for workers to grasp their companies’ rules, especially if they are new to the business.
Some companies require a doctor’s note for all medical time off, even if it is just a day. However, other employers only require a doctor’s note when the worker misses a certain number of days. For example, a company might require all workers who take over a week off due to illness to provide a doctor’s note.
Although the need for employee documentation and timing is up to the business, all California companies must act in accordance with HIPAA laws.
The information doctors may release about a particular patient and HIPAA limits their medical state. That is why some doctors’ notes only express simple facts, such as the employee being unable to report to work for the next four days.
While companies have the legal right to ensure doctors’ notes are legitimate, they cannot ask employees for more information. For example, if an employer contacted a doctor for specific information about an employee’s diagnosis, their request would typically be rejected. However, an employer may contact the doctor to ensure that the doctor’s office provides the doctor’s note.
What is FMLA Leave?
Employees who are forced to deal with illnesses and injuries and must miss work often turn to the Family and Medical Leave Act (FMLA). Employees who are unfamiliar with the benefits established by the FMLA should make sure they understand the act and how it may help them.
The FMLA provides employees with 12 weeks of employment protection when they:
- Adopt a child
- Foster a child
- Give birth to a child
- Care for a service member with a serious affliction
- Care for a family member, spouse, or dependent with a serious condition
- Have a serious health condition themselves
When employers seek to take advantage of FMLA policies, they are required to submit the proper paperwork. If they can do so in advance of their medical leave, they should. Additionally, HIPAA laws pertain to the nature of the documents and included details.
Based on HIPAA policies, employees’ documentation should express how long they will be absent from work. Still, the document does not need to include information regarding the details of the injury or illness. HIPAA laws protect employees from disclosing unwanted or unnecessary medical information.
What is the Employee Assistance Program in California?
Employee Assistance Programs (EAPs) help employees with mental health or addiction problems access free or reduced-cost services.
Sometimes employers refer their workers to an EAP program after witnessing certain behavior firsthand, but HIPAA guidelines still govern EAP programs.
EAP treatment is kept confidential, and any doctor’s note related to EAP appointments must only reflect the date and time of the missed work shift and that the absence is legitimate.
When employers notice that an employee misses work due to an EAP appointment, some employers ask the program provider for more information. However, the EAP representative will deny the request unless the employee agrees to release this information and signs the proper documentation.
Employers and EAP providers must be careful they do not violate HIPAA laws concerning any employees in EAP programs.
Why Contact Nakase Wade?
At Nakase Wade, we understand that some personal issues are more important than one’s employment. For example, when someone suddenly falls ill or sustains an injury and cannot work, sometimes they are not sure what the next step should be.
At Nakase Wade, our experienced attorneys will be with you every step of the way. Many employers require doctor’s notes, especially when workers miss multiple work shifts. Additionally, companies can verify doctors’ notes, a common practice.
However, many workers who struggle with sicknesses or injuries are not fully aware of their rights according to HIPAA. Some employers ask for or share their employees’ confidential medical information, and those actions are against the law.
Our skilled California lawyers are ready to answer all your questions about the FMLA, HIPAA, doctor’s notes, and more. Do not let your employer violate your rights when it comes to medical information; contact Nakase Wade for a free consultation today.
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Brad N2024-04-17 12:42:082024-04-17 12:42:09How to Calculate FTE
