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HIPAA's Privacy Rule makes it so that an employer can ask you for a doctor's note or health information for health insurance, workers' compensation, sick leave, or other programs. However, the employer cannot call a doctor or healthcare provider directly for information about you.
Proving wrongful termination in Illinois will take demonstrating that your employer breached a contract, broke a law, or otherwise fired you based on illegal reasons. You will need sufficient evidence to support your claim, such as witness testimonies or documentation of your experience.
The Fair Work Act states that an employer cannot dismiss an employee if an employee is temporarily absent from work due to an illness or injury. A 'temporary absence' includes an absence where the employee is away for three months or less. This can include a combination of paid and unpaid personal leave.
Because Illinois is an at-will employment state, you can be fired for no reason at all. But you cannot be fired for an illegal reason such as discrimination or retaliation. When an employer releases a worker from employment in violation of that worker's federal or state rights, wrongful termination occurs.
In general, employers are allowed to ask for the details of your illness. "Asking what is wrong requires the employee to give a brief and general explanation about why he or she is absent, e.g., the employee's child is sick, the employee has a general illness or the employee has a major or minor injury."
The California Fair Employment and Housing Act (FEHA) makes it illegal for your employer to discriminate against you due to a medical condition or perceived medical condition. Discrimination can include any adverse employment action, including firing or termination.
Under Illinois law, your employer may not be able to fire you because you are sick or taking care of a sick family member.
Your employer has the right to verify that the note was written by the doctor's office, but they cannot ask for any additional information. A doctor's office that receives a phone call asking for more details about the note would be legally required to deny the request.
Remember, your employer is obliged under the Equality Act 2010 to make 'reasonable adjustments' to your working conditions so you can carry on with your job, so don't be scared to talk to them about your health.
Under Illinois law, your employer may not be able to fire you because you are sick or taking care of a sick family member.