Can employer contact my dr?

[alwaysworkingthruit]

Long story short. Was diagnosed with PTSD in 2017 and took an FMLA leave from work (6 weeks) that year to work through things. Fast forward to now. I understand the interactive process under the ADA, but since my 'disability ' has already been established, can my employer contact my doctor without my consent?

 

[EveHarrington]

It sounds like you already gave consent for contact, so it’s best to revoke that consent, in writing.

 

[alwaysworkingthruit]

Thank you. I actually have refused, several times, to allow consent, as I am being asked for a full release of my medical records and for information that is very intrusive and not within the scope of what employer is entitled to (what meds I'm on, etc). I understand that they can legally request documentation when it is "job-related and consistent with business necessity," but in this case, there is nothing to warrant such.

 

[Ronin]

Not knowing the US laws on this, though I would assume even if a shady employer did that, the doctor is obligated to NOT answer them, just from the sworn secrecy of their profession & confidentiality of health state.

So an ask, maybe, but guaranteed non answer, with an ethical MD.

 

[alwaysworkingthruit]

Thank you so much. I actually found out about the requests fro my dr, who refused to complete the documentation

 

[Neverthesame]

If I learned my employer was trying to get my medical records, I'd be looking for a new job first thing the following day.
That's too creepy for me.

 

[alwaysworkingthruit]

And the problem is that I've been at this job 20 years

 

[Neverthesame]

I hear you, I've been been working at mine for 12 years, it would be stressful and expensive to quit the place, but that's just a scary intrusion.
Not to mention they are trying to do this not only without your consent, but without your prior knowledge.

I can totally understand why someone would be willing to put up with a fair bit of bullshit after 20 years, it comes with the territory, but that would be too much for me personally.

 

[alwaysworkingthruit]

The law says they can request some documentation, not medical records, if there is obje tive evidence to necessitate such. But if they dont have any, is HR just seeing what they can get away with???

 

[EveHarrington]

Do they need it in order to give you accommodations?

 

[alwaysworkingthruit]

They have it, and regularly ask for updates, because of accommodations; however, they reach out to my dr every few weeks or months. Without reason

 

[Ronin]

I would be looking into both a disability advocate & a new work honestly.