Worker's Compensation
In most states, an employee filing a claim for workers' compensation benefits gives up any physician-patient privilege with regard to any medical records relating directly or indirectly to the treatment of the injury claimed to be work-related. Employers in those states have the right to make a written request for copies of all medical records related to that injury. A complete medical record should contain the following:
- Patient history
- Diagnosis of any illness
- Treatment/intervention prescribed or provided
- Patient's response to treatment
ADA
An employee could be out on ADA protected leave in three circumstances:
- The employee was granted leave as a reasonable accommodation for his or her disability
- The employee is out on FMLA leave because his or her serious health condition qualifies as a disability under the ADA
- The employee's on-the-job injury qualifies as "disabling" under the ADA
In each case, you may only make medical inquiries that are job-related and consistent with business necessity. Any records produced as the result of such inquiries must be kept in files separate from personnel files and remain confidential.
FMLA
In cases of pregnancy, chronic, or permanent/long-term conditions under continuing supervisions of a health care provider, you may request re-certification of the serious health condition. This may not be done more often than every 30 days unless:
- The employee requests an extension of leave;
- Circumstances described by the previous certification have changed significantly; or
- You have reason to doubt the employee's stated reason for absence.
For more information on absence control or any of Krukowski & Costello's services, please call (414) 423-1330 or e-mail dlk@kclegal.com.
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