I was approved for my FMLA, now my employer is requesting me to release my medical records. Can they do this? In New York.

I have cronhs and have been approved for my FMLA, now they told me to sign a medical release form. Do I have to?

1 answer  |  asked Jun 10, 2015 11:13 AM [EST]  |  applies to New York

Answers (1)

Neil Klingshirn
If your employer informed you at the time that you asked for leave that you would have to provide a return to work certification from your doctor, then your employer can require you to provide that certification. Your employer cannot, however, require you to provide a medical release giving it access to your medical records as a condition to return to work from an approved FMLA leave.

Your employer is better off for a variety of reasons not asking for your medical records. If your employer continues to insist on them, consult an employment lawyer from your state about educating your employer how to save it from itself.

posted by Neil Klingshirn  |  Jun 10, 2015 11:25 AM [EST]

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