Q: Can an employer of an hourly employee contact an employees doctor in order to dictate or change a doctors slip?
Hourly employee has an added break for stress management. Leadman and company nurse having a pissung contest about smoking while on said break. Company called Dr to modify Dr note to include break is not meant for smoking. I understand its a minor thing, but what if?
A: The Americans with Disabilities Act and the Family and Medical Leave Act restrict an employer's access to employee medical records and information from the employee's treatment providers. As a result, employers are generally limited to seeking clarifications of a doctor's orders. Employers should not be able to intervene in the order, change it or dictate restrictions. In addition, under Ohio common law, an employer that induces a doctor to disclose an employee's medical information may be liable to the employee for invading the employee's privacy.
This is an interesting issue, but it sounds like the employer's conduct is inappropriate. Any attorney would need more detail to fully analyze the issue. Some employment law attorneys offer a free initial consultation.
Attorney James J. Hux
Hux Law Firm, LLC
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