On FMLA - Employer asking doctor for medical information

[Guest gam2sdb]

I have recently been using my leave under the FMLA after being injured in an accident. My doctor filled out all forms provided by my employer. On a recent visit to my doctor, I was informed that my employer had called their office to find out what was going on and when I would be able to return to work.

I am upset with my employer for calling this doctor. I feel as if this is an invasion of my privacy. Is this something that employers are allowed to do?

Thank you very much.

[Steve72]

The employer is allowed to call for this information. Whether the doctor is allowed to respond or not will depend on whether you have given the doctor permission to do so.

If you have not given the doctor permission, he or she cannot release information about your treatment or diagnosis to the employer. However, again the employer is not violating the law. If anything, the doctor would be.

[jsb]

Under the law, the employer has the right to ask for verification of your illness and your need for leave. If there are questions about the written documentation provided, a phone call can help clear it up. As noted by Steve72, the doctor may or may not be able to respond depending on the level of authorization you have provided.

I suppose the employer could have contacted you to advise that they needed more info, then you could have contacted the doctor, then the doctor could have provided additional written documentation back to you, and you could have provided it to the employer. But this could also be viewed as rather intrusive.

If you need the protected leave, it is in your best intrests to have the information provided by your medical provider, whether directly or through you.