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Can my Employer ask me to prove I was at a hospital for taken a day of absence? [closed]
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I was sick 2 days Thurs/Friday. Monday Was absent because I went to the hospital for my wife (not me) and HR is saying they want proof that I was actually at the hospital.
I provided a release not from my DR stateing I was fit to return to work, but they're requesting a reciept to prove Monday I was at a hospital with my wife.
company-policy leave-of-absence privacy
asked Jun 3 '15 at 0:42
user36707
72
closed as off-topic by Jim G., scaaahu, Kent A., Jane S♦, gnat Jun 3 '15 at 4:48
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jim G., scaaahu, Kent A., Jane S, gnat
suggest improvements |Â
up vote
0
down vote
favorite
I was sick 2 days Thurs/Friday. Monday Was absent because I went to the hospital for my wife (not me) and HR is saying they want proof that I was actually at the hospital.
I provided a release not from my DR stateing I was fit to return to work, but they're requesting a reciept to prove Monday I was at a hospital with my wife.
company-policy leave-of-absence privacy
asked Jun 3 '15 at 0:42
user36707
72
closed as off-topic by Jim G., scaaahu, Kent A., Jane S♦, gnat Jun 3 '15 at 4:48
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jim G., scaaahu, Kent A., Jane S, gnat
It's not clear to me from your question why you're uncomfortable obtaining and delivering such a receipt. Can you please clarify that?
– Kevin
Jun 3 '15 at 0:45
1
It is a running theme that my employer asks for information above and beyond their legal rights. Including what are you or your wife sick with. What is the condition in which you had to goto the hospital with. The question is it within their legal rights to require me to give this information or be terminated?
– user36707
Jun 3 '15 at 0:58
So Keshlam are you saying that to wrongfully terminate is within their rights?
– user36707
Jun 3 '15 at 1:40
3
what category of leave did you request for Monday? Sick leave? Vacation time? Other?
– andi
Jun 3 '15 at 2:25
1
This is really going to boil down to a legal question, which is off-topic for this group. Please tag your question with your country, at the very least. In the US, HIPPA laws protect you from having to disclose certain medical related information, but do not prevent an employer from asking to prove that you were at the hospital, as you said you were. (If it's really important for you to win this battle, you will need to talk to a lawyer.)
– Kent A.
Jun 3 '15 at 3:27
suggest improvements |Â
up vote
0
down vote
favorite
up vote
0
down vote
favorite
I was sick 2 days Thurs/Friday. Monday Was absent because I went to the hospital for my wife (not me) and HR is saying they want proof that I was actually at the hospital.
I provided a release not from my DR stateing I was fit to return to work, but they're requesting a reciept to prove Monday I was at a hospital with my wife.
company-policy leave-of-absence privacy
asked Jun 3 '15 at 0:42
user36707
72
I was sick 2 days Thurs/Friday. Monday Was absent because I went to the hospital for my wife (not me) and HR is saying they want proof that I was actually at the hospital.
I provided a release not from my DR stateing I was fit to return to work, but they're requesting a reciept to prove Monday I was at a hospital with my wife.
company-policy leave-of-absence privacy
asked Jun 3 '15 at 0:42
user36707
72
asked Jun 3 '15 at 0:42
user36707
72
asked Jun 3 '15 at 0:42
user36707
72
asked Jun 3 '15 at 0:42
user36707
72
72
closed as off-topic by Jim G., scaaahu, Kent A., Jane S♦, gnat Jun 3 '15 at 4:48
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jim G., scaaahu, Kent A., Jane S, gnat
closed as off-topic by Jim G., scaaahu, Kent A., Jane S♦, gnat Jun 3 '15 at 4:48
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jim G., scaaahu, Kent A., Jane S, gnat
It's not clear to me from your question why you're uncomfortable obtaining and delivering such a receipt. Can you please clarify that?
– Kevin
Jun 3 '15 at 0:45
1
It is a running theme that my employer asks for information above and beyond their legal rights. Including what are you or your wife sick with. What is the condition in which you had to goto the hospital with. The question is it within their legal rights to require me to give this information or be terminated?
– user36707
Jun 3 '15 at 0:58
So Keshlam are you saying that to wrongfully terminate is within their rights?
– user36707
Jun 3 '15 at 1:40
3
what category of leave did you request for Monday? Sick leave? Vacation time? Other?
– andi
Jun 3 '15 at 2:25
1
This is really going to boil down to a legal question, which is off-topic for this group. Please tag your question with your country, at the very least. In the US, HIPPA laws protect you from having to disclose certain medical related information, but do not prevent an employer from asking to prove that you were at the hospital, as you said you were. (If it's really important for you to win this battle, you will need to talk to a lawyer.)
– Kent A.
Jun 3 '15 at 3:27
suggest improvements |Â
It's not clear to me from your question why you're uncomfortable obtaining and delivering such a receipt. Can you please clarify that?
– Kevin
Jun 3 '15 at 0:45
1
It is a running theme that my employer asks for information above and beyond their legal rights. Including what are you or your wife sick with. What is the condition in which you had to goto the hospital with. The question is it within their legal rights to require me to give this information or be terminated?
– user36707
Jun 3 '15 at 0:58
So Keshlam are you saying that to wrongfully terminate is within their rights?
– user36707
Jun 3 '15 at 1:40
3
what category of leave did you request for Monday? Sick leave? Vacation time? Other?
– andi
Jun 3 '15 at 2:25
1
This is really going to boil down to a legal question, which is off-topic for this group. Please tag your question with your country, at the very least. In the US, HIPPA laws protect you from having to disclose certain medical related information, but do not prevent an employer from asking to prove that you were at the hospital, as you said you were. (If it's really important for you to win this battle, you will need to talk to a lawyer.)
– Kent A.
Jun 3 '15 at 3:27
It's not clear to me from your question why you're uncomfortable obtaining and delivering such a receipt. Can you please clarify that?
– Kevin
Jun 3 '15 at 0:45
It's not clear to me from your question why you're uncomfortable obtaining and delivering such a receipt. Can you please clarify that?
– Kevin
Jun 3 '15 at 0:45
1
1
It is a running theme that my employer asks for information above and beyond their legal rights. Including what are you or your wife sick with. What is the condition in which you had to goto the hospital with. The question is it within their legal rights to require me to give this information or be terminated?
– user36707
Jun 3 '15 at 0:58
It is a running theme that my employer asks for information above and beyond their legal rights. Including what are you or your wife sick with. What is the condition in which you had to goto the hospital with. The question is it within their legal rights to require me to give this information or be terminated?
– user36707
Jun 3 '15 at 0:58
So Keshlam are you saying that to wrongfully terminate is within their rights?
– user36707
Jun 3 '15 at 1:40
So Keshlam are you saying that to wrongfully terminate is within their rights?
– user36707
Jun 3 '15 at 1:40
3
3
what category of leave did you request for Monday? Sick leave? Vacation time? Other?
– andi
Jun 3 '15 at 2:25
what category of leave did you request for Monday? Sick leave? Vacation time? Other?
– andi
Jun 3 '15 at 2:25
1
1
This is really going to boil down to a legal question, which is off-topic for this group. Please tag your question with your country, at the very least. In the US, HIPPA laws protect you from having to disclose certain medical related information, but do not prevent an employer from asking to prove that you were at the hospital, as you said you were. (If it's really important for you to win this battle, you will need to talk to a lawyer.)
– Kent A.
Jun 3 '15 at 3:27
This is really going to boil down to a legal question, which is off-topic for this group. Please tag your question with your country, at the very least. In the US, HIPPA laws protect you from having to disclose certain medical related information, but do not prevent an employer from asking to prove that you were at the hospital, as you said you were. (If it's really important for you to win this battle, you will need to talk to a lawyer.)
– Kent A.
Jun 3 '15 at 3:27
suggest improvements |Â
1 Answer
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Before standing on your rights, consider that (in the US) employment is "at will" and they'd certainly be within their rights to fire you if they suspect you of malingering. Pick your battles.
Re the comment about "wrongful termination": Nothing wrongful about it. In the US they don't need cause to let you go... but making them suspect that you are abusing the benefits does provide them with cause. You aren't required to reassure them, but they aren't required to employ you. I really recommend working with them rather than against them, unless this is important enough to you that you're willing to leave over it.
Rules in other countries may be different. Your contract may say something different. But that's the norm here.
answered Jun 3 '15 at 1:12
keshlam
41.5k1267144
not exactly... there are still legal guidelines to prevent an employer from requesting more information than it needs. Here's an example of a similar lawsuit: insidecounsel.com/2013/04/22/…
– andi
Jun 3 '15 at 2:23
@andi: It would be hard to make a case that the company doesn't have a legitimate interest in confirming that medical leave is being used appropriately. And it's generally not effective to sue a company while you still have any interest in working for them. Ideals are fine, but consider whether this is really the right place to try to draw the line, given likely outcomes. "The company is your primary customer. The customer is not always right, but the customer is the one with the money. Sometimes you need to decide between being right and being paid."
– keshlam
Jun 3 '15 at 4:30
suggest improvements |Â
1 Answer
1
active
oldest
votes
1 Answer
1
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
2
down vote
Before standing on your rights, consider that (in the US) employment is "at will" and they'd certainly be within their rights to fire you if they suspect you of malingering. Pick your battles.
Re the comment about "wrongful termination": Nothing wrongful about it. In the US they don't need cause to let you go... but making them suspect that you are abusing the benefits does provide them with cause. You aren't required to reassure them, but they aren't required to employ you. I really recommend working with them rather than against them, unless this is important enough to you that you're willing to leave over it.
Rules in other countries may be different. Your contract may say something different. But that's the norm here.
answered Jun 3 '15 at 1:12
keshlam
41.5k1267144
not exactly... there are still legal guidelines to prevent an employer from requesting more information than it needs. Here's an example of a similar lawsuit: insidecounsel.com/2013/04/22/…
– andi
Jun 3 '15 at 2:23
@andi: It would be hard to make a case that the company doesn't have a legitimate interest in confirming that medical leave is being used appropriately. And it's generally not effective to sue a company while you still have any interest in working for them. Ideals are fine, but consider whether this is really the right place to try to draw the line, given likely outcomes. "The company is your primary customer. The customer is not always right, but the customer is the one with the money. Sometimes you need to decide between being right and being paid."
– keshlam
Jun 3 '15 at 4:30
suggest improvements |Â
up vote
2
down vote
Before standing on your rights, consider that (in the US) employment is "at will" and they'd certainly be within their rights to fire you if they suspect you of malingering. Pick your battles.
Re the comment about "wrongful termination": Nothing wrongful about it. In the US they don't need cause to let you go... but making them suspect that you are abusing the benefits does provide them with cause. You aren't required to reassure them, but they aren't required to employ you. I really recommend working with them rather than against them, unless this is important enough to you that you're willing to leave over it.
Rules in other countries may be different. Your contract may say something different. But that's the norm here.
answered Jun 3 '15 at 1:12
keshlam
41.5k1267144
not exactly... there are still legal guidelines to prevent an employer from requesting more information than it needs. Here's an example of a similar lawsuit: insidecounsel.com/2013/04/22/…
– andi
Jun 3 '15 at 2:23
@andi: It would be hard to make a case that the company doesn't have a legitimate interest in confirming that medical leave is being used appropriately. And it's generally not effective to sue a company while you still have any interest in working for them. Ideals are fine, but consider whether this is really the right place to try to draw the line, given likely outcomes. "The company is your primary customer. The customer is not always right, but the customer is the one with the money. Sometimes you need to decide between being right and being paid."
– keshlam
Jun 3 '15 at 4:30
suggest improvements |Â
up vote
2
down vote
up vote
2
down vote
Before standing on your rights, consider that (in the US) employment is "at will" and they'd certainly be within their rights to fire you if they suspect you of malingering. Pick your battles.
Re the comment about "wrongful termination": Nothing wrongful about it. In the US they don't need cause to let you go... but making them suspect that you are abusing the benefits does provide them with cause. You aren't required to reassure them, but they aren't required to employ you. I really recommend working with them rather than against them, unless this is important enough to you that you're willing to leave over it.
Rules in other countries may be different. Your contract may say something different. But that's the norm here.
answered Jun 3 '15 at 1:12
keshlam
41.5k1267144
Before standing on your rights, consider that (in the US) employment is "at will" and they'd certainly be within their rights to fire you if they suspect you of malingering. Pick your battles.
Re the comment about "wrongful termination": Nothing wrongful about it. In the US they don't need cause to let you go... but making them suspect that you are abusing the benefits does provide them with cause. You aren't required to reassure them, but they aren't required to employ you. I really recommend working with them rather than against them, unless this is important enough to you that you're willing to leave over it.
Rules in other countries may be different. Your contract may say something different. But that's the norm here.
answered Jun 3 '15 at 1:12
keshlam
41.5k1267144
edited Jun 3 '15 at 1:58
answered Jun 3 '15 at 1:12
keshlam
41.5k1267144
answered Jun 3 '15 at 1:12
keshlam
41.5k1267144
answered Jun 3 '15 at 1:12
keshlam
41.5k1267144
41.5k1267144
not exactly... there are still legal guidelines to prevent an employer from requesting more information than it needs. Here's an example of a similar lawsuit: insidecounsel.com/2013/04/22/…
– andi
Jun 3 '15 at 2:23
@andi: It would be hard to make a case that the company doesn't have a legitimate interest in confirming that medical leave is being used appropriately. And it's generally not effective to sue a company while you still have any interest in working for them. Ideals are fine, but consider whether this is really the right place to try to draw the line, given likely outcomes. "The company is your primary customer. The customer is not always right, but the customer is the one with the money. Sometimes you need to decide between being right and being paid."
– keshlam
Jun 3 '15 at 4:30
suggest improvements |Â
not exactly... there are still legal guidelines to prevent an employer from requesting more information than it needs. Here's an example of a similar lawsuit: insidecounsel.com/2013/04/22/…
– andi
Jun 3 '15 at 2:23
@andi: It would be hard to make a case that the company doesn't have a legitimate interest in confirming that medical leave is being used appropriately. And it's generally not effective to sue a company while you still have any interest in working for them. Ideals are fine, but consider whether this is really the right place to try to draw the line, given likely outcomes. "The company is your primary customer. The customer is not always right, but the customer is the one with the money. Sometimes you need to decide between being right and being paid."
– keshlam
Jun 3 '15 at 4:30
not exactly... there are still legal guidelines to prevent an employer from requesting more information than it needs. Here's an example of a similar lawsuit: insidecounsel.com/2013/04/22/…
– andi
Jun 3 '15 at 2:23
not exactly... there are still legal guidelines to prevent an employer from requesting more information than it needs. Here's an example of a similar lawsuit: insidecounsel.com/2013/04/22/…
– andi
Jun 3 '15 at 2:23
@andi: It would be hard to make a case that the company doesn't have a legitimate interest in confirming that medical leave is being used appropriately. And it's generally not effective to sue a company while you still have any interest in working for them. Ideals are fine, but consider whether this is really the right place to try to draw the line, given likely outcomes. "The company is your primary customer. The customer is not always right, but the customer is the one with the money. Sometimes you need to decide between being right and being paid."
– keshlam
Jun 3 '15 at 4:30
@andi: It would be hard to make a case that the company doesn't have a legitimate interest in confirming that medical leave is being used appropriately. And it's generally not effective to sue a company while you still have any interest in working for them. Ideals are fine, but consider whether this is really the right place to try to draw the line, given likely outcomes. "The company is your primary customer. The customer is not always right, but the customer is the one with the money. Sometimes you need to decide between being right and being paid."
– keshlam
Jun 3 '15 at 4:30
suggest improvements |Â
It's not clear to me from your question why you're uncomfortable obtaining and delivering such a receipt. Can you please clarify that?
– Kevin
Jun 3 '15 at 0:45
1
It is a running theme that my employer asks for information above and beyond their legal rights. Including what are you or your wife sick with. What is the condition in which you had to goto the hospital with. The question is it within their legal rights to require me to give this information or be terminated?
– user36707
Jun 3 '15 at 0:58
So Keshlam are you saying that to wrongfully terminate is within their rights?
– user36707
Jun 3 '15 at 1:40
3
what category of leave did you request for Monday? Sick leave? Vacation time? Other?
– andi
Jun 3 '15 at 2:25
1
This is really going to boil down to a legal question, which is off-topic for this group. Please tag your question with your country, at the very least. In the US, HIPPA laws protect you from having to disclose certain medical related information, but do not prevent an employer from asking to prove that you were at the hospital, as you said you were. (If it's really important for you to win this battle, you will need to talk to a lawyer.)
– Kent A.
Jun 3 '15 at 3:27