• Em Adespoton@lemmy.ca
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    21 hours ago

    In the US, are employers really allowed to pry into what type of medical leave an employee is taking?

    • escapesamsara@lemmings.world
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      20 hours ago

      Technically? No. In reality? No employees have enough money to sue their employers, much less be basically permanently out of work due to being unhirable thanks to using a previous employer.

      • Em Adespoton@lemmy.ca
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        20 hours ago

        But if an employee says “I need to take a week’s medical leave, here’s a note from my doctor…” the employer doesn’t know the reason and can’t fire the person, right? I’m just failing to see how this can mutate into something worse. Or are you saying it’s common practice in the US for employers to deny medical leave?

        • funkless_eck@sh.itjust.works
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          20 hours ago

          getting a note from your doctor requires time off, and costs money from the doctor and potentially lack of pay.

          I started a new job 40 days ago, I can’t have any time off for another 50 days.

          “Luckily” I can attend a dentist appointment by working late that day

          • Em Adespoton@lemmy.ca
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            20 hours ago

            Crazy; I just get on a call with my doctor and they email my employer. All covered by insurance and I pay nothing and take no time off.

            If my employer did anything about it like fire me, they’d get reported to the government who would prosecute with minimal involvement from me other than a statement and possibly witness testimony.

        • escapesamsara@lemmings.world
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          20 hours ago

          There is no right to paid medical leave in the us. You can request up to 180 days unpaid that is protected… But realistically you’ll be fired within a month after coming back due to “performance issues.” Your employer can also always ask the reason and fire you for not telling them, as then you have no protection from discrimination as your employer can argue they didn’t know enough to discriminate.

          Workers rights in the US, unless you’re in an incredibly powerful union like the police unions or the aviation industry, are non-existent compared to any developed (and most developing) nation.

  • FuglyDuck@lemmy.world
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    1 day ago

    And this is why you don’t tell your boss why you need the day off, beyond “I’m visiting the doctor.”

    They have no need to know.

    Also, it could open you to discrimination- sure they might blame other things…. Suddenly egregious mistakes like stapling the reports along the horizontal edge instead of the vertical, or drinking too much coffee, all the impossible to defend “we have complaints you’re being creepy”.

    They don’t need to know the procedures, they don’t even need the doctor’s name.

    They only need to know you won’t be coming in that day and that it’s for medical care.

    • metaStatic@kbin.earth
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      1 day ago

      This was my knee jerk reaction too but this is about legal protections for those specific things so you would need to disclose the nature of your time off to be protected … but the fact the church is exempt is insane because who the fuck else would you need this kind of protection from?

      Of course if you can do it using other methods that is always ideal, give them as little info as possible at all times.

      • Wogi@lemmy.world
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        1 day ago

        Anything beyond “medical” is none of their fucking business and that’s being generous.

        • metaStatic@kbin.earth
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          24 hours ago

          100% agree but for the law to mean anything it needs to be in addition to basic medical protections … if America even has those, which … you know …

      • FuglyDuck@lemmy.world
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        23 hours ago

        Yeah, so “Catholic Employer” =/= “Catholic Church” or any other church-oriented religious organization.

        They’re talking about secular employers who happen to be Catholic. Said another way, it’s a secular company owned by someone who happens to be catholic.

        It’s like the asshole-bakeries that want to not make cakes for gay couples. Same argument.

        What’s fucked up is that means an employer can shit on an employee’s religious beliefs (or lack of them,) without consequence.

        AGAIN: you would never know they were catholic until it became an issue, because the company itself is otherwise secular, not religious.

        • CosmicTurtle0@lemmy.dbzer0.com
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          21 hours ago

          We need to stop tying healthcare to our jobs. We need universal healthcare to make it easy for people to just go from job to job.

          One of the main reasons I stay at my job is because they cover my Botox for migraines

    • ByteOnBikes@slrpnk.net
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      24 hours ago

      This is the way. Religious or not, do share any details that HR can weaponize.

      My wife had a bad burrito and I had to clean up and care for her. Told them, “My family is going through a serious incident.” That’s it. I don’t need to give details.

    • The Pantser@lemmy.world
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      1 day ago

      Correct, they can fire you for not telling them but then that’s an easy unemployment claim if not lawsuit for violating healthcare confidentiality.

    • zephorah@lemm.ee
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      1 day ago

      This is the correct answer. Unless it’s COVID, I don’t believe they can even ask once they know it’s medical.

      HIPAA

      The issue is people who flip out internally and feel the need to explain themselves. Those are your feelings, not an actual rule. Stop it.

      • FuglyDuck@lemmy.world
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        14 hours ago

        It’s ADA, not HIPAA

        Basically, you don’t have to tell them, and they can only ask (or demand medical evaluation) so far as it’s a concern for doing your job- or for providing reasonable accommodation.

        And no, we can’t fire you for taking a day off or calling in for a medical anything. Nor can we fire you for saying more than that.

        What we can do, is keep track of every petty little thing you fuck up and fire you for stupid shit. Like you forgot to tuck your shirt in or you arrived five minutes late or whatever.

        It’s dirty and it’s wrong, but it’s impossible to prove that narrative that your illness or what ever made you relapse and hurt performance.

        Everyone knows it’s because you took FMLA leave, but, on paper it’s because you started showing up late again. Or whatever.

        It’s depressing that the only union this doesn’t work on is cops.

      • Boddhisatva@lemmy.world
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        24 hours ago

        HIPAA covers what information health care professionals can provide. It does not cover what your boss or anyone else can ask you. Some states have their own laws. In California, for example, you would be correct, but that is a state law, not HIPAA.

        Requests from your employer

        Your employer can ask you for a doctor’s note or other health information if they need the information for sick leave, workers’ compensation, wellness programs, or health insurance.

        However, if your employer asks your health care provider directly for information about you, your provider cannot give your employer the information without your authorization unless other laws require them to do so.

        Generally, the Privacy Rule applies to the disclosures made by your health care provider, not the questions your employer may ask.

        What your employer can do if you refuse to answer or lie to them, I have no idea.

  • Awesomo85@sh.itjust.works
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    1 day ago

    Question: why the FUCK do you want to work for a Catholic employer if you aren’t Catholic (aka follow the doctrine of the Catholic Church)?!

    I can pretty much guarantee you they probably can’t pay much anyway!!

      • TheTechnician27@lemmy.world
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        1 day ago

        The Catholic Church when you pay to get a rape kit done at a Catholic hospital after being molested by a member of their clergy:

        Stonks meme

    • jonne@infosec.pub
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      1 day ago

      Sometimes you don’t have a huge amount of choice when it comes to employment. A lot of schools and hospitals are run by the church.

    • FuglyDuck@lemmy.world
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      1 day ago

      There’s a lot of companies owned by Catholics that are entirely secular. You only find out when their insurance doesn’t cover contraceptives or abortion.

      Or whatever other bullshit Catholics think they can force on you.

      • Baron Von J@lemmy.world
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        21 hours ago

        Or whatever other bullshit Catholics think they can force on you.

        Don’t lump it all at catholics’ feet, the Hobby Lobby owners who filed that first big post-ACA suit on this are evangelical protestants.

        • FuglyDuck@lemmy.world
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          21 hours ago

          This particular lawsuit is being brought by a catholic charity and a diocese. So yes, this one is at their feet.

          But yes, it’s not just Catholics.