Legal Question in Medical Leave in California

Can my employer require an authorization for medical disclosure to grant FMLA be

I work for a public transit. My request for FMLA has been denied because I refuse to sign their form, ''Authorization for Use and Disclosureof Medical Information''. I grieved this with no luck. I filed a complaint with DOL and they said I had to sign in order to get FMLA but the DOL would not explain this in writing. Our Human Resources told me the authorization has to do the HIPAA law. Is this true? If so why does 825.307 state that if I submit a complete certification of health care provider then my employer may not request further information?


Asked on 12/19/04, 3:15 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Can my employer require an authorization for medical disclosure to grant FML

Employers can only require that employees provide medical certification that they are seriously ill or injured. Employees are not legally required to release their medical files to obtain medical leave under the FMLA or CFRA. Someone is giving you some bad information.

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Answered on 12/28/04, 2:53 pm


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