Medical confidentiality in the workplace

[Lauriebell82]

Well, my supervisor told me I had to call the HR lady so that's why I did. I don't know if she would have found out if I hadn't. She probably would have asked the HR lady about it because SHE is the one who works with me on a regular basis. I haven't talked to her yet, I may just let it go to voicemail and see what she says on the voicemail. I can't remember whether or not I said on the voicemail that it was for a medical reason.

 

I could have lied and said I was going on vacation. Maybe I should have said "personal time." If I knew they were going to request a note I would have been more vague about it and not been totally honest.

 

When I return to work I will see what they say. If they back me in a corner I will talk to my doctor and see what he says about it. I could always go to my PCP and ask for a general health note, for all my company knows it could just be a general procedure being done. Maybe when they see that I'm perfectly fine to work then they won't care.

Edited December 1, 2010 by Lauriebell82

[Lauriebell82]

The HR lady called me back and left me a voicemail. I'm trying to figure out what to say to her, I can't remember whether or not I told her in the original voicemail if I was having an operation. The voicemail she left me was vague, just saying to call her back. Any suggestions?

 

Oh, and I won't really need reasonable accomodations when I come back because I sit at a desk and my job is very non-strenuous (physically at least!) I will be able to get up and walk around just not do anything TOO strenuous lift heavy lifting or physical labor, neither of which I do.

Edited December 1, 2010 by Lauriebell82

[desertIslandCactus]

The HR lady called me back and left me a voicemail. I'm trying to figure out what to say to her, I can't remember whether or not I told her in the original voicemail if I was having an operation. The voicemail she left me was vague, just saying to call her back. Any suggestions?

 

Oh, and I won't really need reasonable accomodations when I come back because I sit at a desk and my job is very non-strenuous (physically at least!) I will be able to get up and walk around just not do anything TOO strenuous lift heavy lifting or physical labor, neither of which I do.

 

How about chasing it with some more vagueness. When you know she won't answer (after hrs), you could leave her a message saying you will be taking your time off for personal business, and it was suggested that you call her. She will probably respond - but for now, you can say that.

 

I agree with the poster that said once a company knows you are having a medical procedure, you are probably obligated to bring a note from the dr. upon returning to work.

 

And if it gets to that point, that's when you can tell the dr of the situation and that a short professional note is in order.

[threebyfate]

I'd wing it as follows:

 

Hi, I was chatting with my boss about my vacation time in January where I mentioned I was having minor surgery. She/he suggested I call you, not sure why since the surgery won't impact on my job or performance in any way due to the minimal nature of it.

 

-----------------------------------------------------

 

And then see what she says. If she's insistent on a note, go the GP route. Also ask her if company medical covers any charges from your doctor for appointment and notes, etc.

Edited December 2, 2010 by a LoveShack.org Moderator

[Lauriebell82]

I'd wing it as follows:

 

Hi, I was chatting with my boss about my vacation time in January where I mentioned I was having minor surgery. She/he suggested I call you, not sure why since the surgery won't impact on my job or performance in any way due to the minimal nature of it.

 

-----------------------------------------------------

 

And then see what she says. If she's insistent on a note, go the GP route. Also ask her if company medical covers any charges from your doctor for appointment and notes, etc.

 

Good suggestions thanks! I tried calling her back, but she is out of the office today and I didn't leave a voicemail. I'll call tomorrow. I have a feeling that I might be stuck since I disclosed that I was taking vacation for a medical reason. I should have just said "personal time." Oh well. If she does insist I guess I will talk with my doctor who is doing the surgery and ask him if he has any suggestions or that he can minimize what the process is. I don't think they will actually settle for the GP note, because they want a "fitness for duty" for the surgeon I'm pretty sure. I could be wrong though. Ugh!

[laRubiaBonita]

just say Paid Time Off- PTO.

[Green]

Good suggestions thanks! I tried calling her back, but she is out of the office today and I didn't leave a voicemail. I'll call tomorrow. I have a feeling that I might be stuck since I disclosed that I was taking vacation for a medical reason. I should have just said "personal time." Oh well. If she does insist I guess I will talk with my doctor who is doing the surgery and ask him if he has any suggestions or that he can minimize what the process is. I don't think they will actually settle for the GP note, because they want a "fitness for duty" for the surgeon I'm pretty sure. I could be wrong though. Ugh!

 

They'd probably settle from a note from me written in crayon... you are worrying about this to much. now I really wonder what you are getting done not that I'm going to ask.

[carhill]

OP, why not corroborate the information you've received from a labor lawyer, StarGazer, with a similar lawyer in your state and then make appropriate choices and move on? It's really simple, IMO. I agree with Green; you're adding more fuel to this fire than it deserves.

[Lauriebell82]

OP, why not corroborate the information you've received from a labor lawyer, StarGazer, with a similar lawyer in your state and then make appropriate choices and move on? It's really simple, IMO. I agree with Green; you're adding more fuel to this fire than it deserves.

 

Well, I asked my friend who is in HR and she said that if the policies are set up for my company that if they find out I am taking time off (regardless of whether it is vacation time) then they have the right to request a doctor's note saying that I am okay to work. I will confirm this with the HR lady and then get them a note if they need it so bad. Maybe I am making too much of this, I probably shouldn't have said anything at all. Maybe I can ask the HR lady to not say anything to my supervisor or show her the note, just tell her that I am good to come back to work. I am just concerned that it will be spread all over my unit, as I said before it is a very small unit with a lot of nosey people who like to gossip. Everyone is up in each other's business.

[desertIslandCactus]

Well, I asked my friend who is in HR and she said that if the policies are set up for my company that if they find out I am taking time off (regardless of whether it is vacation time) then they have the right to request a doctor's note saying that I am okay to work. I will confirm this with the HR lady and then get them a note if they need it so bad. Maybe I am making too much of this, I probably shouldn't have said anything at all. Maybe I can ask the HR lady to not say anything to my supervisor or show her the note, just tell her that I am good to come back to work. I am just concerned that it will be spread all over my unit, as I said before it is a very small unit with a lot of nosey people who like to gossip. Everyone is up in each other's business.

 

Laurie, I am in favor of Not waving anymore red flags. Keep it brief to the HR person, and tell her you will bring the note if company policy. Don't confide in her or ask her not to tell others ... just try not to tell her the nature of the procedure..

 

Then: The doctor (whom You are paying) .. will have to do their job in preparing the note: keeping it factual that you are able to do your job.. while keeping it brief, professional.. Give him or his office person a rough draft if necessary, as a guide.

[carhill]

People are going to gossip. To the extent information leaks in violation of policy and gossip ensues, and if you are materially damaged by such, you may have recourse legally against the employer and/or individuals. An example would be such leakage creating a toxic workplace and materially damaging your career and/or ability to advance. Otherwise, accept that it's a part of life. Rather than talking more with HR, why not talk with someone like StarGazer and get the real scoop on the many scenarios and potentials? Bring a copy of your employment agreement and relevant company policy manual/documents. Calmly discuss things, just like you did with the doctor who will be performing the surgery. S/he likely shared many scenarios, risks and benefits. S/he gave you good information; information you used to make a healthy decision. Good luck

[desertIslandCactus]

Try to keep it simple Laurie, and don't disclose to anyone. No one can be trusted, and there's no such thing as professionalism.

[GorillaTheater]

Anybody mention HIPAA yet? Your employer probably has the right to ask for a doctor's statement, but I bet your HR people are damn sure aware of the consequences for unauthorized release of personal medical information. I don't think there'll be a whole lot of gossip.

[Lauriebell82]

Thank you everyone for all the advice, I appreciate it. I certainly don't want to raise any red flags or make them suspcious of me. Technically I can use my vacation time however I want, so regardless of what the surgery is they can't discriminate against me right? That's mostly what I am worried about...that and gossip and negative attention. Would the HR lady have to keep this confidential if she did receive a note from my doctor? Would she be able to tell my supervisor? These are all questions I can't really ASK the HR lady, as that would probably raise red flags and concerns with her.

[desertIslandCactus]

I don't understand why the dr can't just keep the 'note' simple. But anyway, you shouldn't have to even think about all of this until you plan to return to work.

 

Even though they appear to be bound by confidentiality - others can view your file, and all could disclose.

[carhill]

Best wishes for a successful surgical outcome and continued prosperity

 

BTW, what does hubby have to say about all this? I ask because, if I were facing such issues, my spouse would be my first and primary confidant and adviser. Outside opinion is valued but IMO a married couple faces challenges and choices as a team. Does his perspective reflect any of what has been shared here? Why? Just some questions to ask yourself and reflect back to him. Great intimacy stuff

[Lauriebell82]

Best wishes for a successful surgical outcome and continued prosperity

 

BTW, what does hubby have to say about all this? I ask because, if I were facing such issues, my spouse would be my first and primary confidant and adviser. Outside opinion is valued but IMO a married couple faces challenges and choices as a team. Does his perspective reflect any of what has been shared here? Why? Just some questions to ask yourself and reflect back to him. Great intimacy stuff

 

My husband agreed that I should have said that I was taking personal time, but he understands why I was honest with my supervisor. I still have some paranoia about my supervisor turning on me as my supervisors at my old job did. He says that if HR lady wants a note then I should get her one that is very brief. He is trying to reassure me that nothing bad will come out of this. He is being very supportive about the whole thing and I am spending a bit of our savings which he is perfectly fine with. He is wonderful.

[Green]

My husband agreed that I should have said that I was taking personal time, but he understands why I was honest with my supervisor. I still have some paranoia about my supervisor turning on me as my supervisors at my old job did. He says that if HR lady wants a note then I should get her one that is very brief. He is trying to reassure me that nothing bad will come out of this. He is being very supportive about the whole thing and I am spending a bit of our savings which he is perfectly fine with. He is wonderful.

 

You keep saying you wanted to be "honest." BUT there is nothing dishonest about keeping things private and leaving it at "I'm taking a vacation" and then if asked what you are going to do "just personal stuff" I doubt they would have asked "your not getting an operation are you?"... and if you came back to work after your vacation with a big scar on your head from where you had brain surgery no one would go "she said she was doing personal stuff how dare she decieve me and not let me know of her operation"... not to mention if some one sees a scar or something different about your body and is rude enough to ask you are perfectly aloud to say "its personal"... Seriously if I asked some guy what happened to his arm and he said "its personal" I would drop it.

 

So yes hind sight is 20/20 and you should have just said "taking my personal time" or "taking my vaction time"... but now you just play there game. Give them a letter from your general doctor saying you are fine to work... in fact dont even explain it to you general doctor. I once needed a note from a doctor to use the company gym so I called my doctor up and just said I needed a note that I was in good health and he gave it to me no charge with out even an apointment. (I had done my yearly check up with him)

[Lauriebell82]

You keep saying you wanted to be "honest." BUT there is nothing dishonest about keeping things private and leaving it at "I'm taking a vacation" and then if asked what you are going to do "just personal stuff" I doubt they would have asked "your not getting an operation are you?"... and if you came back to work after your vacation with a big scar on your head from where you had brain surgery no one would go "she said she was doing personal stuff how dare she decieve me and not let me know of her operation"... not to mention if some one sees a scar or something different about your body and is rude enough to ask you are perfectly aloud to say "its personal"... Seriously if I asked some guy what happened to his arm and he said "its personal" I would drop it.

 

So yes hind sight is 20/20 and you should have just said "taking my personal time" or "taking my vaction time"... but now you just play there game. Give them a letter from your general doctor saying you are fine to work... in fact dont even explain it to you general doctor. I once needed a note from a doctor to use the company gym so I called my doctor up and just said I needed a note that I was in good health and he gave it to me no charge with out even an apointment. (I had done my yearly check up with him)

 

It's not going to be noticable what I am having done, the scar will be under clothes. Everyone in the office is VERY nosy, they will ask me why I am taking time off, I am going to tell co-workers that I am taking vacation time and that's it. My supervisor is the only one who knows, and I trust her that she won't go telling everyone.

 

That's a good idea about the general doctor, just tell him I need a note saying I'm in good health and hope that is enough.

[Mary3]

I had to go on FMLA .

 

When you need to do that you go to HR.

 

You don't have to tell your boss or ask your boss. You go and HR emails your boss telling him/her that from XXX-XXX you will be gone. If you need to extend it , you contact HR.

 

Your immediate boss does NOT have the right to know what kind of surgery you are having . The only thing your boss needs to know is you are going on FMLA. Finished . Period.

 

How it worked for me : My boss got the email from HR because that's where I went and was instructed to go .

 

Boss said " You are approved " .

 

Once HR says you are approved to go the boss must accept that.

 

Your job is protected for a specific number of weeks. I believe its 12 weeks.

 

The boss can't ask you what is wrong , what your surgery is.....sure the employees might wonder but its your personal life and business.

[Star Gazer]

Thank you everyone for all the advice, I appreciate it. I certainly don't want to raise any red flags or make them suspcious of me. Technically I can use my vacation time however I want, so regardless of what the surgery is they can't discriminate against me right? That's mostly what I am worried about...that and gossip and negative attention. Would the HR lady have to keep this confidential if she did receive a note from my doctor? Would she be able to tell my supervisor? These are all questions I can't really ASK the HR lady, as that would probably raise red flags and concerns with her.

 

You are an at-will employee. Your employer can take adverse action against you for ANY reason that's not an illegal reason, even if it seems unfair.

 

It is illegal to discriminate against someone because of their disability, and depending on your state, certain known medical conditions that impact your "essential functions." If you were having a medically necessary surgery, you'd likely be protected by anti-disability discimination laws of your state (at least temporarily), but whether you're considered "disabled" due to a medically necessary procedure (and therefore protected by anti-discrimation laws) depends on how your particular disability/medical condition affects your daily functions.

 

Here, you're not having a medically necessary surgery, as it's an elective surgery you've chosen to spend your savings on. Therefore, you're not "disabled" nor do you have a "medical condition" related with this surgery. Under these circumstances, they absolutely CAN take action against you for choosing to undergo an elective, non-medically necessary procedure. Unfortunately.

Edited December 6, 2010 by Star Gazer

[Mary3]

You are an at-will employee. Your employer can take adverse action against you for ANY reason that's not an illegal reason, even if it seems unfair.

 

It is illegal to discriminate against someone because of their disability, and depending on your state, certain known medical conditions that impact your "essential functions." If you were having a medically necessary surgery, you'd likely be protected by anti-disability discimination laws of your state (at least temporarily), but whether you're considered "disabled" due to a medically necessary procedure (and therefore protected by anti-discrimation laws) depends on how your particular disability/medical condition affects your daily functions.

 

Here, you're not having a medically necessary surgery, as it's an elective surgery you've chosen to spend your savings on. Therefore, you're not "disabled" nor do you have a "medical condition" related with this surgery. Under these circumstances, they absolutely CAN take action against you for choosing to undergo an elective, non-medically necessary procedure. Unfortunately.

 

Mine was organ removal , ( tumor ) , medically necessary , STAT .

 

But however, if it's elective surgery that may not follow the same guidelines as Star Gazer states.

[Lauriebell82]

I had to go on FMLA .

 

When you need to do that you go to HR.

 

You don't have to tell your boss or ask your boss. You go and HR emails your boss telling him/her that from XXX-XXX you will be gone. If you need to extend it , you contact HR.

 

Your immediate boss does NOT have the right to know what kind of surgery you are having . The only thing your boss needs to know is you are going on FMLA. Finished . Period.

 

How it worked for me : My boss got the email from HR because that's where I went and was instructed to go .

 

Boss said " You are approved " .

 

Once HR says you are approved to go the boss must accept that.

 

Your job is protected for a specific number of weeks. I believe its 12 weeks.

 

The boss can't ask you what is wrong , what your surgery is.....sure the employees might wonder but its your personal life and business.

 

As I said before, I do not qualify for FMLA, you have to work for a company for a year to get that and I have not. It's true they can't ask what type of surgery, however when you file FMLA paperwork it comes directly from the doctor's office, therefore they find out what "type" of doctor you are going to. That is what I want to prevent.

[Lauriebell82]

Here, you're not having a medically necessary surgery, as it's an elective surgery you've chosen to spend your savings on. Therefore, you're not "disabled" nor do you have a "medical condition" related with this surgery. Under these circumstances, they absolutely CAN take action against you for choosing to undergo an elective, non-medically necessary procedure. Unfortunately.

 

Right, but she doesn't know this. I never even told her I was having elective surgery, all I said was that I am having an operation. I guess that means the same thing as surgery, but I did not go into any detail whatsoever about what I am having. For all she knows, it is medically neccessary. And my doctor cannot disclose what type of surgery it was (elective or otherwise) and how it was paid for. He can only state I am able to return to work. If he prints the note on letterhead, I suppose they could take a "guess" at what I did but will not have proof.

 

I read in the employee handbook that you can take something called "medical PTO" which means that if you take a certain number of PTO days off because of an illness or medical reason. If it goes beyond 3 consecutive days then you will have to get a doctor's excuse. I suppose that is what I am technically taking since I am taking PTO for a medical reason and not filing FMLA. If they want a note then fine, I'll just see if my doctor can do something for me.

Edited December 7, 2010 by Lauriebell82

[Mary3]

As I said before, I do not qualify for FMLA, you have to work for a company for a year to get that and I have not. It's true they can't ask what type of surgery, however when you file FMLA paperwork it comes directly from the doctor's office, therefore they find out what "type" of doctor you are going to. That is what I want to prevent.

 

I re-read everything.

 

I am thinking it's a * liability issue * meaning they know you are going to have some sort of surgery now and they are protecting their a****.

 

I would say next time , make an anonymous phone call to HR and ask whatever it is ( in your handbook ) without your department finding out about it.