Is it legal for you employer to request verification if medical testing lasting all day when you request a sick day?

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Is it legal for you employer to request verification if medical testing lasting all day when you request a sick day?

I requested a sick day, I have the hours, to take my husband to a stress test. My employer is requesting verification that the testing lasts all day. Is this legal or is it against HIPPPA rules.

Asked on April 22, 2016 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

 No, it is legal: sick days are only for use when an employee is sick or needs medical treatment, and the employer has the right to request verification that the requested day or hours were actually needed for that purpose. It does not need to get confidential medical information: just verification of the fact of, day of, and duration of the procedure.


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