An employer can’t ask you ANYTHING about medical conditions, much less dictate any medical care. The only time choice of physician can be determined by the employer is if it is a Workers Comp. situation, and even then, they can only “suggest”. You still have the option to use any caregiver you choose.
Can my employer find out when I go to the Doctor?
There are very, very limited circumstances under which your employer can find out when you go to the doctor. This normally relates to FMLA (family medical leave act.) Otherwise, the employer has no right to know of your specific treatment or appointments.
What happens if an employer calls a doctor’s office?
An employer calling a doctor’s office and inquiring about an employee’s health condition or treatments could violate the provisions of the Health Insurance Portability and Accountability Act (HIPAA) of 1996. HIPAA is a federal law that protects patient privacy in terms of health information.
Can I quit my job for drug rehab?
Work in an area where their employer has at least 50 employees within 75 miles Most people can’t just leave a job for several weeks of addiction treatment. This may be due to familial responsibilities or the potential income lost for attending rehab.
Can I take medical leave to attend medical treatment?
If you are wondering whether you have the right to take medical leave to attend treatment, you are not alone. Most people in your shoes have the same question. The answer is, in most cases, you can take leave.
Can your employer reach out to your doctor?
HIPAA's Privacy Rule makes it so that an employer can ask you for a doctor's note or health information for health insurance, workers' compensation, sick leave, or other programs. However, the employer cannot call a doctor or healthcare provider directly for information about you.
Does HIPAA apply to coworkers?
What does this mean for employees? It means if you suspect your employer has shared your health information with other employees or colleagues, you will only be able to claim a HIPAA violation if your employer is a health plan, a health care clearinghouse or a health care provider.
What is a HIPAA violation by an employer?
A HIPAA violation in the workplace refers to a situation where an employee's health information has fallen into the wrong hands, whether willfully or inadvertently, without his consent. Basically, for you to stay free of workplace HIPAA violations, you need to guard PHI properly.
Is saying an employee is out sick a HIPAA violation?
“None of these situations is likely a HIPAA violation, since HIPAA does not generally apply to an individual employee. As background, HIPAA applies to health plans, health care clearinghouses and health care providers. Generally, an individual employee will not fall into any one of those three categories.
When Should You Seek Treatment?
You should seek treatment right away for any injury, even if it seems minor. This means seeing a doctor immediately after a work-related accident o...
Where Should You Go For Treatment?
If you need immediate medical attention, you should go to the nearest emergency room. If it’s not an emergency, however, you’ll need to follow your...
Why Your Choice of Doctor Is Important
Although doctors hired by employers or insurance companies are supposed to be objective, they often have close and financially rewarding relationsh...
What Should You Tell Your Doctor?
Even with the advancement of medical technology, doctors still rely on patients to report symptoms, severity of pain, and activities that are diffi...
Who Pays For Your Medical Bills?
In most states, your employer is required to pay for your medical bills until a decision has been made to accept or deny your claim, at least up to...
What happens if you are fired from your job?
If you believe an employer fired you or took other adverse action against you because of your injury, illness, condition, or disability, you could have a discrimination claim. If, however, your employer took the action because you requested leave but could not provide a doctor’s note as evidence of your alleged condition, ...
Can you take time off at work without asking questions?
Navigating sick or medical leave at your job can be a challenge. Taking time off to care for your physical or emotional health is crucial, but not all employers may approve time-off requests without asking questions or investigating.
Can an employer get health information from a doctor?
The only time an employer can get health information about you directly from your doctor is with your authorization. The only time an employer can go outside this rule is if there is a law giving the employer express permission to do so.
Can an employer ask for a doctor's note?
However, the employer cannot call a doctor or healthcare provider directly for information about you.
How to tell your doctor about your symptoms?
Describe your symptoms to your doctor truthfully. Don't exaggerate, but don't downplay your symptoms either. An experienced doctor will know when you're not telling the truth, and you'll lose credibility. Err on the side of inclusion. Tell your doctor about all of your symptoms, even ones that seem minor or fleeting.
What to do if you are not in an emergency?
If it's not an emergency, however, you'll need to follow your state's rules for getting medical care. Some states give you the right to choose the doctor who will treat you for your injuries (called your "treating doctor" in workers' comp lingo), while others give that right to your employer or its insurer.
What is the role of a treating physician in workers compensation?
Your treating physician will play an essential role in your workers' compensation case. In addition to making decisions about your diagnosis and the treatment you should receive, the doctor will often have to write reports (and sometimes give testimony) that will affect when you can return to work and the benefits you'll receive, ...
How to communicate with your doctor about your injuries?
In doing so, you should follow these guidelines: Be honest and accurate. Describe your symptoms to your doctor truthfully.
Why is choosing a doctor important?
Although doctors hired by employers or insurance companies are supposed to be objective, they often have close and financially rewarding relationships with the employers and insurers that refer cases to them.
Who pays for medical bills?
Who Pays for Your Medical Bills? In most states, your employer is required to pay for your medical bills until a decision has been made to accept or deny your claim, at least up to a certain amount. If your claim is approved, your employer will continue to pay for your medical bills for approved treatment.
What happens if an employee refuses to take medication?
The EEOC advised that if an employee refuses to take medication and as a result is not qualified for a job, with or without reasonable accommodation, or poses a direct threat, the employer can take appropriate action.
How to determine reasonable accommodations?
To determine reasonable accommodations, you engage in the interactive process, during which you learn the employee’s seizures are controlled by an anti-epileptic medication. The employee works with potentially dangerous equipment and chemicals.
What happens after a period of leave?
After a period of leave, the employee is cleared by a physician to return to work. Under the Americans with Disabilities Act (ADA), you must bring the employee back to work and provide reasonable accommodations to enable him to perform the essential functions of his job, as long as the employee does not impose a significant risk of substantial harm.
Is it reasonable to require medication under supervision?
The EEOC’s recent lawsuit suggests that requiring the employee to take medication under the supervision of the employer is not a reasonable accommodation. It is unclear from the complaint whether the EEOC disapproves of the employer’s directive that the employee take his medication or the requirement that he take the medication under ...
What percentage of people with substance abuse issues hold jobs?
They have bills to pay, families to support, and careers to build. According to the Substance Abuse and Mental Health Services Administration (SAMHSA), 76 percent of people with substance abuse issues hold jobs. Many people fear that getting treatment at all will hurt their careers or get them fired. However, there are laws that protect people ...
What is a medical professional?
A medical professional may be able to provide more information on state disability benefits and guide individuals through the application process. It’s also important to know that employers are required to maintain confidentiality regarding their employees’ medical issues.
Is there an addiction treatment center in the US?
There are many addiction treatment centers across the US and other countries, but there are a number of factors that can make accessing that treatment more complicated than it should be. One of the most common issues experienced by addicted individuals crops up when medical professionals recommend inpatient treatment to those who have jobs.
Can you leave a job for substance abuse treatment?
Federal law offers many forms of job protection to people seeking treatment for substance abuse. Most people can’t just leave a job for several weeks of addiction treatment. And despite certain stereotypes, the vast majority of addicted individuals are employed and live relatively normal lives.
Can you be fired for addiction?
Once you enter a rehabilitation program, you’re protected by the ADA and cannot be fired for reasons related to your addiction or the treatment process, even if it causes you to miss work. If you are fired, you can file a charge of discrimination against your employer.
Who to speak to about disability?
Once all the necessary information has been gathered, it’s best to speak to your employer or human resources officer as soon as possible.
Can you stay in rehab for addiction?
Keep in mind that inpatient rehab is not the only option for addiction treatment. It can work well for individuals with more severe addictions who feel they won’t be able to resist cravings to relapse or for those who have relapsed in the past. However, staying in a facility 24 hours per day for several weeks is not an option for everyone.
What to talk about when you are ready to talk to your boss about entering treatment?
When you are ready to talk to your boss about entering treatment, you may have concerns about job security and confidentiality. In general, people with substance use disorders face stigma in the workplace. Employers may be afraid to hire people with a history of addiction.
What to do if you can't find your sobriety?
Understand your legal rights. Knowing your rights under the law will make it easier to ask for the help and resources you need to get better and/or receive the accommodations you need to maintain your sobriety .
Why is it important to talk to your boss about addiction?
Because issues with addiction can spiral out of control, it is important that you talk to your boss as soon as you can. Having an upfront, honest conversation can save you from losing your job down the line. Do your research. Learn about your company’s policies.
How long can you take off from work for drug rehab?
You can take up to 12 weeks of unpaid time off from work per year under the FMLA to attend rehab. Your employer can ban the illegal use of drugs at your workplace. It is not a violation of the ADA for an employer to give tests for the illegal use of drugs. You can be fired or denied employment if you are currently using illegal drugs.
What happens if you test positive for drugs?
If you test positive for drugs during a drug test, this information will be kept confidential, like any medical record. 6 You may also be tested after returning from treatment. If you test positive, your employer may consider you a “current” drug user and terminate your job. 6.
How many people are working while under the influence of drugs?
According to reports, an estimated 10% to 25% of the American population is working while under the influence of drugs or alcohol. 3 If you are working and dealing with addiction, you may be apprehensive about seeking treatment due to stigma or concerns about losing your job.
Can an employer take a drug test?
An employer can drug test at any time. If you are applying for a position, you may be required to take a drug test as a condition of your job offer. You may also be required to take drug tests even if the drug test is not related to your position or necessary for the business.
What to do if you have been injured at work?
If you have suffered an injury at work, the first thing you should do is seek medical care. Seeking prompt treatment offers you the best chance at a complete and timely physical recovery. Additionally, it is very difficult to obtain the workers’ compensation benefits you may deserve if you have not seen a medical professional. It may seem to those in charge that you are not truly injured if you have not sought treatment for an injury. You can choose to visit an emergency room if your injuries are severe, or you can schedule an appointment at a clinic or doctor’s office.
Why does my employer block my medical care?
One reason an employer may block your attempts to seek medical care after a workplace injury is a lack of workers’ compensation insurance. Though employers are required by law to carry this insurance, there have been many cases where businesses have neglected this duty.
What to do if your employer refuses to help you?
If your employer is refusing to help provide you with medical care, it may be necessary to pursue action against the company. In some cases, just the presence of an experienced attorney can underscore the seriousness of your injury claim. A skilled attorney understands the complex workers’ compensation system and can help you prepare ...
What to do if your employer doesn't offer injury information?
If your employer does not offer this information when you report your injury, ask for it. Be persistent and continue to request what you need. If possible, document your requests. It can be helpful to make written or email appeals so you can prove later, if necessary, that your employer ignored your injury.
What to do if your supervisor ignores your call?
If this is the case, you do have some options, including: Seek your own medical care. If possible, go ahead and get medical attention for your injury. This protects both your health and the validity of your claim.
When a work accident occurs, should the employee notify the employer of the injury?
When a work accident occurs, the employee should notify the employer of the injury as soon as possible. Once you have made your injury known, it is incumbent upon your employer to offer certain information mandated by Georgia law, including: Information about the state workers’ compensation program.
Can employers be found guilty of a misdemeanor?
Employers can be found guilty of a misdemeanor and face expensive civil penalties and even jail time. An enforcement division monitors compliance; it can be contacted at (404) 657-7285. For employees of those businesses who do not have workers’ compensation, options are still available.
What happens if you go back to work for substance abuse?
When you go back to work, bear in mind that if your employer discriminates against you because of your condition, that is against the law.
Why do I have to hold down my job?
But foregoing treatment isn’t the answer to protecting your job or your health. While having to hold down a job is a common excuse for not getting treatment for an addiction or mental health problem, the excuse is also, tragically, a mistaken one. That’s because there are legal protections in place that will protect your job while you get ...
What are the laws to protect your job?
The following laws are worth being familiar with if you’re thinking about going to rehab. Family Medical Leave of Absence Act (FMLA) – Under the terms of the FMLA law, a substance use disorder and/or other mental illness qualifies as a “serious health condition” for which some U.S.
Is it ok to step away from work to get treatment?
No job—no matter how important—should stand between you and the treatment you need to get better. In some cases, a decision to step away from work in order to get treatment may in fact mean the difference between life and death. Call our counselors today to get the answers you need.
Is rehab a good way to protect your job?
In this sense, going to rehab is the very best way to protect your job. That said, knowing what anti-discrimination laws exist to protect you is a good precaution to take, so that if an employer threatens your job with a claim of absenteeism or negligence, you can refer to these laws to protect yourself….
How long can you work on FMLA?
Lastly, it is possible that you may qualify for 12 workweeks of unpaid, job-protected leave due to medical reasons (going to drug/alcohol rehab) within a 12-month period under the FMLA (Family and Medical Leave Act).
What is the best way to recover from addiction?
It is most beneficial for your recovery that you attend 12-step program meetings , either through AA (Alcoholics Anonymous) or any other drug-affiliated 12-step program, such as NA (Narcotics Anonymous) or CA (Cocaine Anonymous), while in treatment.
How many people are employed with substance abuse?
Furthermore, despite some common stereotypes and misconceptions around addiction being a main concern with people who are already unemployed, the reality is that an estimated 76% of people suffering from a substance abuse disorder are actually employed.
Can you leave treatment early?
This means that once entering treatment, you make a promise to yourself and your well-being that you will under no circumstances leave treatment prematurely. If you followed the tips on preparing your work for your absence, there should be no reason to leave treatment early anyways.
Does receiving treatment strengthen your job?
Receiving treatment can only strengthen your job performance upon returning to work. As such, do not worry about judgement from your boss or coworkers, it is likely that they personally know people who suffer from this disease and may have compassion for you.
Can not seeking treatment cause you to lose your job?
The irony is that not seeking treatment can actually cause you to lose your job in the first place. Have the tough conversation with your employer. You may be pleasantly surprised when they end up encouraging you to take the next steps to improve your well-being by walking on a path of sobriety.
Can substance abuse affect your job?
Don’t fear judgement or worry about your reputation- It is highly likely that your substance abuse disorder has impacted your job performance, however, this should not deter you from getting the help you need. Receiving treatment can only strengthen your job performance upon returning to work.