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Old 09-16-2017, 11:22 AM
 
Location: South Carolina
14,784 posts, read 24,099,661 times
Reputation: 27094

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Yes you should tell her to stop or you will consult with an attorney . If she persists in doing this don't give her another warning seek legal council .
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Old 09-16-2017, 12:35 PM
 
10,599 posts, read 17,908,120 times
Reputation: 17353
Quote:
Originally Posted by Nov3 View Post
I've often questioned though in certain circumstances why other employees are NOT allowed to know certain conditions?
Example: Joe and John are both required to move a large item from one office to another. Joe tells John, sorry bud, no can do! WIth no further explanation. John is left to move it on his own. When John discusses this change of events to his boss, nothing further is done. The boss is not allowed to tell John that Joe has had by pass surgery and a bad back. So John is left to do all the work in lifting and Joe still gets paid to stand around.

ANyways...If my medical is discussed with others I am sure its for the good of the staff....I would hate to be in an office where people just kept typing or answering phone calls when I am prone to seizures and deserve attention ....But alas we live in a See no evil , speak no evil and have such indifference to humanity in the workplace.
Why should anyone know anyone else's medical status?

The FMLA law is clear and it's up to businesses greater than 50 people to comply. Anything under 50 people is a crap shoot.

And if MOVING FURNITURE is part of the job, and the company has to comply with FMLA law, HR would tell the management they're on restricted duty and the person with the disability needs a different job. Even "the boss" doesn't get to know exactly why.

If someone is medically able to return to work after a bypass, they'd likely come back part time and the company wouldn't have them moving furniture.

People don't just "stand around".

That was a poor choice of examples of WHY you're entitled to know some co-worker's medical status. Not even how stuff works. Joe would tell the boss in advance he can't move furniture - he's not required to deal with his co-workers on that.

I worked for the phone company and we are EXACTLY 100% in compliance and the procedures run like clockwork. And in case you don't know, it's VERY easy to be non-compliant and go on disciplinary action at the phone company because we're very STRICT. The FMLA department deals with the employee and their doctors.

I think you never actually experienced this and are just hypothesizing, right?

I don't even understand what you're saying. If you're "prone to seizures" and can't perform your job you get your LIMITED 12 weeks of FMLA then get fired or go on disability.
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Old 09-16-2017, 12:45 PM
 
10,599 posts, read 17,908,120 times
Reputation: 17353
Quote:
Originally Posted by magpiehere View Post
...without my knowledge or consent obviously.


It has happened three times, the last time has me blowing smoke out of my ears.


She has cancer and just had surgery but shared my medical to a stranger (to me) via email from home. I am trying to stay sensitive to her current state plus she is my boss so good not to offend but I AM LIVID.


Best approach? I'm furious but do not like to act when under heavy emotion (especially when it involves employment).


Thank you for any insight.
I don't understand a word of this post. *shrug*

Your boss shared your medical information to YOU? You're the stranger?

Or your boss emailed your medical information to someone else and CC'd you on the email? Huh?

Your employer is not allowed to access your medical records without your consent. And they can't hold it against you for saying no. This goes back to the 1980s.
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Old 09-16-2017, 12:51 PM
 
Location: Northern California
130,493 posts, read 12,130,332 times
Reputation: 39060
Give her a gentle reminder of you privacy wishes. and don't give her anymore info.
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Old 09-16-2017, 02:20 PM
 
1,569 posts, read 1,010,807 times
Reputation: 3666
Quote:
Originally Posted by magpiehere View Post
...without my knowledge or consent obviously.


It has happened three times, the last time has me blowing smoke out of my ears.


She has cancer and just had surgery but shared my medical to a stranger (to me) via email from home. I am trying to stay sensitive to her current state plus she is my boss so good not to offend but I AM LIVID.


Best approach? I'm furious but do not like to act when under heavy emotion (especially when it involves employment).


Thank you for any insight.
Why couldn't you tell her once she did it that you didn't appreciate sharing your personal info with anyone and to never do it again.Period.Why couldn't you have told her the 1st time she ever did it??I don't care what sort of aliment someone has had or is dealing with...a person's personal medical info is not to be shared unless there is consent of course.You have every right to be livid BUT if you had first told her off when she did it he 1st time...I'm sure there wouldn't have been a 2nd nor 3rd time.Some people are so freaking clueless and inconsiderate..it's sad.
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Old 09-16-2017, 02:28 PM
 
Location: Denver CO
24,201 posts, read 19,227,947 times
Reputation: 38267
Quote:
Originally Posted by runswithscissors View Post
Why should anyone know anyone else's medical status?

The FMLA law is clear and it's up to businesses greater than 50 people to comply. Anything under 50 people is a crap shoot.

And if MOVING FURNITURE is part of the job, and the company has to comply with FMLA law, HR would tell the management they're on restricted duty and the person with the disability needs a different job. Even "the boss" doesn't get to know exactly why.

If someone is medically able to return to work after a bypass, they'd likely come back part time and the company wouldn't have them moving furniture.

People don't just "stand around".

That was a poor choice of examples of WHY you're entitled to know some co-worker's medical status. Not even how stuff works. Joe would tell the boss in advance he can't move furniture - he's not required to deal with his co-workers on that.

I worked for the phone company and we are EXACTLY 100% in compliance and the procedures run like clockwork. And in case you don't know, it's VERY easy to be non-compliant and go on disciplinary action at the phone company because we're very STRICT. The FMLA department deals with the employee and their doctors.

I think you never actually experienced this and are just hypothesizing, right?

I don't even understand what you're saying. If you're "prone to seizures" and can't perform your job you get your LIMITED 12 weeks of FMLA then get fired or go on disability.
FMLA has nothing to do with medical privacy. That's HIPAA, which may or may not apply here because it depends on how the information was obtained and shared. My co-workers were well aware of the fact that I had a torn rotator cuff and had surgery for that and worked from home for several months while recuperating. There is no law against sharing info that I shared and authorized my boss to share.

And if you can't do certain parts of a job, you don't get fired or go on disability, you are protected by the Americans with Disabilities Act and are entitled to reasonable accommodations. Now of course, if you were hired as a furniture mover and can't move furniture, it's going to be tough to find a comparable position. But if you were hired for an office job where the requirements were being able to lift 15 pounds (a normal amount of lifting for a desk job), your employer can't fire you if they ask you to move a 200 lb filing cabinet "just to help out" and you can't do that. And most employers aren't stupid enough to do that, because they know they'd be on the hook for a major workers comp claim for the resulting injury. On a practical level, most co-workers are aware when one of their colleagues has a bad back and can't help lift or move things.
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Old 09-16-2017, 02:53 PM
 
17,599 posts, read 13,378,017 times
Reputation: 33059
Quote:
Originally Posted by magpiehere View Post
...without my knowledge or consent obviously.


It has happened three times, the last time has me blowing smoke out of my ears.


She has cancer and just had surgery but shared my medical to a stranger (to me) via email from home. I am trying to stay sensitive to her current state plus she is my boss so good not to offend but I AM LIVID.


Best approach? I'm furious but do not like to act when under heavy emotion (especially when it involves employment).


Thank you for any insight.

This is illegal and unethical. Contact HR or have your lawyer contact your boss regardless of her circumstances
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Old 09-16-2017, 04:31 PM
 
13,285 posts, read 8,465,685 times
Reputation: 31520
Quote:
Originally Posted by runswithscissors View Post
Why should anyone know anyone else's medical status?

The FMLA law is clear and it's up to businesses greater than 50 people to comply. Anything under 50 people is a crap shoot.

And if MOVING FURNITURE is part of the job, and the company has to comply with FMLA law, HR would tell the management they're on restricted duty and the person with the disability needs a different job. Even "the boss" doesn't get to know exactly why.

If someone is medically able to return to work after a bypass, they'd likely come back part time and the company wouldn't have them moving furniture.

People don't just "stand around".

That was a poor choice of examples of WHY you're entitled to know some co-worker's medical status. Not even how stuff works. Joe would tell the boss in advance he can't move furniture - he's not required to deal with his co-workers on that.

I worked for the phone company and we are EXACTLY 100% in compliance and the procedures run like clockwork. And in case you don't know, it's VERY easy to be non-compliant and go on disciplinary action at the phone company because we're very STRICT. The FMLA department deals with the employee and their doctors.

I think you never actually experienced this and are just hypothesizing, right?

I don't even understand what you're saying. If you're "prone to seizures" and can't perform your job you get your LIMITED 12 weeks of FMLA then get fired or go on disability.
Thanks for your analysis.
Incorrect as it is...It was worthy of reading.
Yes ,,this very instance happened and you are incorrect to think that the person returning was given a different position . He wasn't. Instead he got less physical duties and things remained as such .
Yes I am prone to seizures ..But oops! I told ppl on the internet ..And I haven't melted in horror from it. I have no need for FMLA. But again this is about human awareness.. be it medical conveyance on a need to know basis.
I sincerely appauld folks who regard privacy and delicate prognosis...I also commend the adult who is forthcoming when need be.

I'm sure you mean well in a general way to support privacy of medical concerns. Just not too keen on your way of conveyance.
.
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Old 09-16-2017, 05:15 PM
 
Location: Lyon, France, Whidbey Island WA
20,837 posts, read 17,115,957 times
Reputation: 11535
Quote:
Originally Posted by magpiehere View Post
...without my knowledge or consent obviously.


It has happened three times, the last time has me blowing smoke out of my ears.


She has cancer and just had surgery but shared my medical to a stranger (to me) via email from home. I am trying to stay sensitive to her current state plus she is my boss so good not to offend but I AM LIVID.


Best approach? I'm furious but do not like to act when under heavy emotion (especially when it involves employment).


Thank you for any insight.
Attorney. Pure and simple.
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Old 09-16-2017, 05:58 PM
 
Location: In the Redwoods
30,364 posts, read 51,970,126 times
Reputation: 23808
Quote:
Originally Posted by tar21 View Post
Notice you said co-worker? The hospitals don't care about patients, co-workers-mabye. For the co-worker to even know they looked up their records their was other issues going on as well.
I read it as "a co-worker blew the whistle on him/her for looking up A (patient) RECORD." Didn't say anything about looking up the co-worker's medical records, so I think you misunderstood. Again, this is NOT typical nor tolerated in the medical field, whether it's a patient or colleague whose privacy has been violated. My closest friend is a nurse, and wouldn't even tell me which celebrity she was treating... just told me it was someone very famous, but refused to offer anything beyond that. And we're basically like sisters. So yes, any medical worker who isn't incompetent takes this issue seriously.
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