Is job/Doctor talk legal - w/o my consent? California

Question

I am in California - I gave my Company a doctor's note for my disability and the return to work date was unknown due to the fact I just had surgery and my doctor was unsure, well my HR at work did not like the unknown date and called my doctors office and asked for a new letter to be sent to my company - HR never asked me for a new letter. For some reason my doctors office did this and put my return to work date as a Monday and I had my release to work doctor appointment on the following day, Tuesday - so my work is hinting at job abandonment. Here is my question: Is it legal for my work to call and ask for a letter from my doctor if I have never signed a release to either party? And if not - what can I do about it? I have talked to the Ca Medical Board and they said it was not legal for my doctor to release this to my work. Any help and direction would be great! Thanks

Answer 1

To summarize the very useful answers you have already received; your employer is entitled to receive start and end dates for your time off work from the doctor to decide whether to allow you to take time off under company policy and under FMLA (Family and Medical Leave Act).  Your doctor is supposed to have a release from you before they release confidential medical information, such as your diagnosis, under HIPAA (Health Insurance Portability and Accountability Act).  

Need for time off work, not confidential.  Medical diagnosis, confidential.  

Answer 2

Surely it's legal ... I can't imagine that it's not legal.  Your employer has a right to know your return to work date.

I contact Doctors' offices for that info all the time.  It's never been refused.

Answer 3

1. IF there was a violation it was the doctor not your work

2. the employer does have the right to obtain clarification/verification concerning a doctors statement.

the date of your release to work is not confidential information, by requesting the doctor give you a release to work for your employer you have given permission for them to communicate concerning the issue.  

3. don't know who you talked to but they very well may have misunderstood your question or assumed that medical information was released.

4. your doctor should have made your return to work Wednesday if they felt you needed to wait until after your Tuesday appointment.

5. a simple rational discussion with HR about the doctors error should clear up an employment issues. dates of releases and returns to work often get confused or changed this is not a big issue unless there have been other employment issues prior to this that are a contributing factor to HR questioning your excuse and release.

6. to file a complaint under HIPAA:

http://www.hhs.gov/ocr/privacyhowtofile....

Answer 4

I administered leaves at my last job and it was not uncommon for me to ask for clarification on a return to work date. If it differed from what the employee told me I would notify the employee and have them work it out.

No violation. The doc didn't release anything other than the return to work date. Fight it out with the doctor on what your return to work date actually was. Your work will probably go with what the doctor says (especially if it is an FMLA issue).