After being out sick with a valid doctors note, can my employer ask for diagnosis and proof of diagnosis?
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After being out sick with a valid doctors note, can my employer ask for diagnosis and proof of diagnosis?
Can employer ask for medical paper or records for diagnosis or proof of pregnancy?
Asked on February 28, 2011 under Employment Labor Law, Massachusetts
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Employers cannot discriminate if an employee is pregnant. However, understand that if your position requires certain physical demands that are impossible to meet while pregnant, you may run into a situation wherein you will need to demand to be accommodated during your pregnancy. Further, if you are out in disability due to complications from your pregnancy, your employer will need that information out of legal requirements. If you have worked for your employer for at least one year and your employer is large enough to be required to meet FMLA standards (Family Medical Leave Act), then the employer must know when to begin the calculation of the 12 weeks you can take off of work (unpaid) and still keep your job. The three month period is the typical time period your employer is required to keep your position open. The complications you have may cause you to ask for continued disability after your pregnancy of between 6 to 8 weeks, dependant on if you have natural child-birth or c-section.
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