Covid vs HIPAA

originally posted by: Bluntone22

originally posted by: ketsuko
a reply to: AugustusMasonicus

If your employer has no right to your records, then it's your word.

No employer has a right to your medical records.
But they don't have to employ you either

Yup.

And even then there are certain protections. You only have to provide enough information to verify their request (if it doesn't violate privacy or discrimination laws).

Is it legal to request a doctor’s note from an employee?
The simple answer is yes – employers in the United States have the right to request a return-to-work or doctor’s note to verify that their workers are ill or why they can’t report for a prolonged period of time.

Companies may also require this document in order to provide accommodations in the workplace for employees with physical limitations, chronic health conditions, or disabilities.

However, your sick note policy should not infringe on anyone’s right to medical privacy and protection from discrimination.

The Americans with Disabilities Act (ADA) prohibits employers from “making inquiries into the disabilities of their employees unless it is job-related and necessary for the conduct of business,” says the Equal Employment Opportunity Commission (EEOC).

The EEOC also states that workers are not required to submit medical records of their illnesses to their employers. You also can’t terminate someone in retaliation if they refuse to disclose specific details about their health.

A good example is the disability discrimination lawsuit filed by the EEOC in 2008 against the retail chain Dillard’s Inc. The company had a longstanding policy that required all its workers to disclose confidential and personal medical information to have their sick leaves approved.

Moreover, Dillard’s fired several workers in retaliation because they refused to provide details of their medical conditions. The company ended up paying $2 million to settle the class action lawsuit in a three-year consent decree.

Link

If a worker took a day off for anything medical, I always asked what the problem was about and I usually got an honest answer....except for when they took a day off for a hangover, they did not want to lie so they just said they were feeling crappy and couldn't work today. I would rather the guy took a day off than come to work all hung over and mess things up.

I told a couple of workers who had to take time off to bring the kids to the doctor or to babysit while the wife took them to the doctors ....to schedule appointments close to the end of the day or take their car to the jobsite that day. It sucks when you have to pull a whole crew off of work so a guy could go bring the kids to a doctor appointment.

a reply to: AugustusMasonicus

im not sure on employment law in the states but dont the Unions have anything to say about this stuff ?

im just waiting for my work to # this up so i can take a case to my union and then to an employment tribunal

originally posted by: sapien82
im not sure on employment law in the states but dont the Unions have anything to say about this stuff ?

Unless is specifically collectively bargained for, no.

a reply to: MykeNukem

Okay, but the OP asked about HIPAA, and HIPAA is all about medical records, hence my posts.

I'll show myself out.

originally posted by: AugustusMasonicus

originally posted by: drewlander
Yeah in most states you can terminate employment for any or no reason but it does not mean the employee cannot file for unemployment. If they did file you would have to prove "willful negligence" or something to get out of paying.

I suppose but who wants to be on unemployment? It pays like crap.

Not anymore (in Ohio you would be getting between $700 and $1,000 a week), unless $4,000 a month is "crap pay" for not doing a thing.

a reply to: panoz77

That's well below the median income.

a reply to: MykeNukem

I sometimes work around high voltage, high amperage equipment. There is a list of medications that I am required to report if I am proscribed them. This has nothing to do with my employer being nosy, it is about safety. If I am proscribed anything on the list, I'm not allowed in certain areas or to do certain tasks. This is in my contract and there are protections against losing my job over this. If I do not report this, I can be terminated immediately.

originally posted by: sapien82
a reply to: AugustusMasonicus

im not sure on employment law in the states but dont the Unions have anything to say about this stuff ?

im just waiting for my work to # this up so i can take a case to my union and then to an employment tribunal

I've got $20 that says your Union rolls over to have it's belly scratched by the Government.

originally posted by: JIMC5499
a reply to: MykeNukem

I sometimes work around high voltage, high amperage equipment. There is a list of medications that I am required to report if I am proscribed them. This has nothing to do with my employer being nosy, it is about safety. If I am proscribed anything on the list, I'm not allowed in certain areas or to do certain tasks. This is in my contract and there are protections against losing my job over this. If I do not report this, I can be terminated immediately.

The reason for that list is pretty obvious.
Anything effecting judgement or balance would be a huge problem.
A covid shot on the other hand should not qualify for those reasons...

originally posted by: JIMC5499
a reply to: MykeNukem

I sometimes work around high voltage, high amperage equipment. There is a list of medications that I am required to report if I am proscribed them. This has nothing to do with my employer being nosy, it is about safety. If I am proscribed anything on the list, I'm not allowed in certain areas or to do certain tasks. This is in my contract and there are protections against losing my job over this. If I do not report this, I can be terminated immediately.

Yea, I don't agree with the whole confirming you've received a vaccine for employment.

But they claim to have the right.

Maybe we'll see a court case once it pops off?

a reply to: AugustusMasonicus

I feel that you percieve this as a one-sided situation where 100% of businesses will force a mandate and employees who decline will have nowhere else to go. Have you considered that some businesses may be run by people who are not pro-vax?

Imagine the impending fallout when employers on the other side of this topic require that no employee should be vaccinated for the safety of their unvaxxed staff and fear of long term risks still unknown, thereby requiring proof of non-vaccination status? The FMLA does not allow businesses to discriminate against employees based on their health. These are not one-way streets.

originally posted by: drewlander
I feel that you percieve this as a one-sided situation where 100% of businesses will force a mandate and employees who decline will have nowhere else to go.

No, I said people will not flock to unemployment.

originally posted by: JIMC5499

originally posted by: sapien82
a reply to: AugustusMasonicus

im not sure on employment law in the states but dont the Unions have anything to say about this stuff ?

im just waiting for my work to # this up so i can take a case to my union and then to an employment tribunal

I've got $20 that says your Union rolls over to have it's belly scratched by the Government.

Thats a fools bet , its the #in UK the unions rolled over long ago

originally posted by: AugustusMasonicus
a reply to: panoz77

That's well below the median income.

Not in NE Ohio.

www.google.com... AqnI0PEP9Liy6AY&oq=warren%2C+ohio+median+income&gs_lcp=Cgdnd3Mtd2l6EAMyBQgAEIAEMgYIABAIEB4yBggAEAgQHjIFCAAQhgMyBQgAEIYDOgcIABBHELADSgQIQRgAUPFZWOFpYI9 saAJwAXgAgAHdBogBlRuSAQsyLTEuNC4yLjAuMZgBAKABAcgBCMABAQ&sclient=gws-wiz&ved=0ahUKEwj-lZHX_8nyAhUpJDQIHXScDG0Q4dUDCA4&uact=5

originally posted by: Flyingclaydisk
a reply to: MykeNukem

Okay, but the OP asked about HIPAA, and HIPAA is all about medical records, hence my posts.

I'll show myself out.

Well, we were talking about HiPAA requirements, no?

Hence my posts.

It's not just me that has verified this.

Meh
Our company wouldn't mandate hepatitis b vaccinations, they would provide them if you volunteered, but not mandatory.
If they make you take the jab you can sue them for the damage it does to you.

Most companies don't want that liability.

a reply to: panoz77

The median income for Ohio, $56,000, is above that.

If you want to start to get micro-regional, like picking Warren, Ohio in this case, your data is worthless since it is anecdotally applied to this specific area and it doesn't reflect society as a whole.

Additionally, your unemployment payout is based on your previous salary, if you made dirt before you aren't getting a maximum payout from unemployment.

originally posted by: Flyingclaydisk
a reply to: MykeNukem

Oh, sure you can provide the information to an employer, but your doctor absolutely cannot confirm nor deny any of the information you provide to your employer.

Which begs the question...

Who would provide the information contained in these jab passports?

If the information is provided by your Doctor or whatever health provider gave he jabs, then wouldn't the jab passport itself be a HIPAA violation?

originally posted by: AugustusMasonicus
a reply to: panoz77

The median income for Ohio, $56,000, is above that.

If you want to start to get micro-regional, like picking Warren, Ohio in this case, your data is worthless since it is anecdotally applied to this specific area and it doesn't reflect society as a whole.

Additionally, your unemployment payout is based on your previous salary, if you made dirt before you aren't getting a maximum payout from unemployment.

Now your just trying to make excuses. The vast majority of Ohio outside of 3 major cities (Cleveland, Columbus and Cinci) is WELL below $40,000 median income. The ultra low end for unemployment in Ohio is $200 a week + $300 Federal and the high end is a little over $600 a week + $300 Federal.