Can an employer require documentation of a medical condition?
Once a person is hired and has started work, an employer generally can only ask medical questions or require a medical exam if the employer needs medical documentation to support an employee’s request for an accommodation or if the employer has reason to believe an employee would not be able to perform a job …
What can I do if my employer refuses to give me documentation?
If your employer refuses to give you written documentation of the reasons for your dismissal, you may be in for a wait — and some extra work — before you get it. If your state is among the majority that has no laws requiring service letters, there is not much you can do to force the issue at the time of your dismissal.
What to keep in Employee Personnel Files [ nolo ]?
You should put all Form I-9s into one folder for USCIS. The government is entitled to inspect these forms, and if it does, you don’t want the agents viewing the rest of the employee’s personnel — and personal — information at the same time.
Can you view an employee’s personnel file?
Although an employee’s personnel file may contain any other job-related documents, don’t go overboard. Remember that, in many states, employees have the right to view their personnel files. (For more information, read Nolo’s article Employee Access to Personnel Files: Is It Required?)
Can a employer request a doctor’s note for work?
It is usually not a violation of HIPAA to request a note from a doctor if an employer needs information about sick leave, worker’s compensation, or health insurance. An employer has to keep medical information separated from the personnel file of the employee.
Why do you need documentation for a personnel file?
Documentation is needed so the employer has an accurate view of an employee’s employment history. Documentation supports the employer’s decisions and may protect the employer in a lawsuit—preserved correctly. The contents of the personnel file provide a historical overview of the important happenings during an employee’s career.
What should employers not keep in personnel files?
She has covered HR for The Balance Careers since 2000. Employers should never place particular items in your general personnel records. The contents of your employee personnel files and records are generally accessible to the Human Resources staff, the employee, and the employee’s manager or supervisor, in some companies.
Can a employer obtain medical information from an employee?
The ADA has restrictions on when and how much medical information an employer may obtain from any applicant or employee. Prior to making a conditional job offer to an applicant, disability-related inquiries and medical exams are generally prohibited.
Is the privacy rule applicable to employment records?
The Privacy Rule does not apply to your employment records. The Rule does protect your medical or health plan records if you are a patient of the provider or a member of the health plan.