Is it discrimination if my previous employer asked for a work release from my psychiatrist? 9 Answers as of March 27, 2013

Is it discrimination for my ex employer to ask for a work release from my psychiatrist? There is no documentation of my illness being a factor in my termination other than a long term hospitalization. My employer tried to file for Family and Medical Leave Act on my behalf but I was unable to retrieve the correct papers for them. I have been terminated with a status of re-hirable. They are asking for a work release that I can easily supply. I just wondered if this was discrimination against the mentally ill.

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Behren Law Firm
Behren Law Firm | Scott Behren
Not sure whey if you were fired they would need a release from work. Would have to discuss this matter in more detail with you to give you an answer.
Answer Applies to: Florida
Replied: 3/27/2013
Law Office of Patricia S. Rose | Patricia S. Rose
It generally is not appropriate unless you need an accommodation.
Answer Applies to: Washington
Replied: 3/27/2013
S. Joseph Schramm | Joseph Schramm
It is not discrimination on the part of your employer to ask for a work release from your treating physician. The employer probably wants to be sure that your doctor feels that you are able to return to work. If you can easily supply the release and wish to continue working there you should supply the release.
Answer Applies to: Pennsylvania
Replied: 3/26/2013
Steven Miller | Steven Miller
If the motivation by the employer was to assist you, and get you protection under the fmla, they would need to verify that you were subject to the act, and a letter from your treating dr. would help satisfy that. If you refuse to assist the employer, and later claim discrimination, I don't see that.
Answer Applies to: California
Replied: 3/26/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
No, I think it is based on your hospitalization. You couldn't work because you were hospitalized. Your employer just wants to know that whatever you were hospitalized has been taken care of.
Answer Applies to: Idaho
Replied: 3/26/2013
    I do not know. Not all discrimination is illegal. I suggest you go see an attorney that handles discrimination cases. Most do not charge just to talk. In certain circumstances, employers may require doctors notes to return to work. The notes are legal, since they only address if fit to work or not, and do not contain confidential information, such as a diagnosis, etc
    Answer Applies to: Georgia
    Replied: 3/26/2013
    The O'Hanlon Law Firm, P.C. | Stephen O'Hanlon
    Possibly discrimination and violation of privacy rights also.
    Answer Applies to: Pennsylvania
    Replied: 3/26/2013
    Lydy & Moan | C. Gary Wilson
    To be rehired, the employer may ask for a work release from your physician.
    Answer Applies to: Ohio
    Replied: 3/26/2013
    A. Dawn Hayes & Assoc. P.A.
    A. Dawn Hayes & Assoc. P.A. | A. Dawn Hayes
    It is legal and necessary for your employer to have medical documentation from your treating psychiatrist to process an FMLA, short term or long term disability application.
    Answer Applies to: Florida
    Replied: 3/26/2013
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