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Can Employer Require Hep C DX to be on FMLA paperwork?

I have no doubt that my employer and immediate supervisor would find a way to fire me w/ a hep c dx. She also has a big mouth and would go to MD's outside of my dr's. practice to ask questions-maybe not using my info, but still this has me very concerned. I work a physically and emotionally demanding job. TIA.
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419309 tn?1326503291
It might be easiest for you to just ask your doctor what s/he would write, and if s/he would be willing to fill out the FMLA without a diagnosis -- which s/he should, as docs are the ones who are most familiar with HIPAA as well.  
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179856 tn?1333547362
My company made my doctor go into pretty thorough detail.........but they did know that I had it and was treating.
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1669790 tn?1333662595
It's always good to go into these situations with a positive attitude, especially since the terms of the leave under FMLA are supposed to worked out and discussed beforehand.  If they get too nosey, just a brief mention of HIPPA should make them realize they have no business asking those questions.   One you get an attorney, it puts your employer in a defensive posture which is usually a no win situation for anybody in the long run.  I'd lawyer up only as a last resort.
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Avatar universal
Thank you for your clear, concise answer; I am also doing some investigating on my own before determining if I should seek legal representation before needing FMLA.
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1669790 tn?1333662595
There are a few types of employers that are permitted to require disclosure of HCV such as law enforcement and hospitals, doctor's offices, etc. because of the potential of blood exposure.  If you aren't involved in any of those fields, then you employer has no rights to know this information.  

Your employer also has no rights to know the specific reason for your request for FMLA.  Your doctor can simply write a letter stating that you have a serious health condition that makes the employee unable to perform the essential functions of his or her job.  Although your employer might feel they deserve to know the specifics, anyone familiar with FMLA should know better than to push this, since you will easily win this challenge.  Both HIPPA and FMLA are there for the protection of the employee and should be taken very seriously.  Employers less the 50 employees may not be required to offer FMLA, but are still bound by HIPPA rules.
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