Visalia, CA asked in Employment Law and Health Care Law for California

Q: Is it legal for A Jobs HR try to obtain personal doctor records for an employee?

Back in January of 2022 I got extremely sick from Covid. Which I got tested and I had a note from a doctor stating I can’t return until further notice. I wasn’t able to obtain my test results until almost a week later. When I called to get my results they told me they weren’t ready. HR had called me maybe 30minutes to an hour later saying that they were ready and he had called to make sure. Then had me call back to obtain them. Not sure if this also matters but the job had also constantly contacted me saying I needed to get another note with a return date forcing me to go into a public healthcare and putting a lot of other people at risk of getting sick. They even tried to make me retest a Covid test from a business because they thought I was lying about the whole thing.

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Your employer is only allowed to know that your doctor is treating you, what restrictions you have, and what reasonable accommodations would address your condition. Your employer is not allowed to know anything else about your medical conditions or history, including your diagnosis, symptoms or prognosis.

Good luck to you.

Brad S Kane agrees with this answer

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