HOW DOES HIPAA INFLUENCE RETURN TO WORK AND MODIFIED DUTY?
A. Employers frequently seek medical information when an employee is prepared to return to work following a medical leave. In some cases, a doctor’s note simply stating that an employee can resume regular duties will suffice. In other cases, especially when work limitations are imposed, an employer will seek a medical evaluation of the employee’s limitations and ability to work in a modified duty position. A request to a covered entity to release this information to an employer should be accompanied by a HIPAA compliant authorization. Authorization also should be obtained even for the simple note.
