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| A husband of a co-worker of mine is having some medical issues related to gout. He has had to attend many doctor's appointments during work hours but has always returned with a doctor's note. Yesterday his HR department asked him to sign a letter that states, "I Michael, give (HR director's name), permission to contact my doctor/nurse to discuss my medical condition". 1) Can they do this? 2) Does he have to sign this letter? 3) If he does not sign this letter, and it does not state on the letter that signing it is a condition of employment, can he be fired for refusing to? Thank you in advance.
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| Very bold HR! HR can ask from your husband if he needs any accommodations while he's going through this medical issue, maybe a lighter schedule--HR may require that your husband contact the doctor and have him/her write to HR some type of letter or note outlining accommodations needed during this time, but never diagnosis, or other private health information. Good luck.
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In addition to the below response, you can't fire an employee for not signing a medical release (this employee is protected under HIPPA).
However; the HR Dept. can after a certain amount of time (according to what Co. Policy states) put this employee on leave PT or F/T.
If it was a good HR Dept. they would work with him and see what options he has available. They should look at how long he has been with the company and see if he qualifies for any leave programs under CA or Fed. laws.
If they fire him for not signing a medical release; it's wrongful termination. I wouldn't sign it.
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