A recent lawsuit against retail chain Dillard's Inc. is highlighting what some claim is a growing problem in the workplace: employers asking too much information about workers' illnesses when asked for sick leave.
Law.com consulted Michael Iwan, a partner in Dorsey's labor and employment law group in Minneapolis, in regards to the issue. Iwan believes that across the board employers are respecting employees' privacy rights, despite changing laws and regulations. "There are just as many occasions where it is better for the employer to adhere strictly to a medical opinion -- like with certain work restrictions issued by a doctor. And they simply do not want to be put in the position of second-guessing medical opinions." However, he says he has also seen employers aggressively seek out sick leave information in regards to possible FMLA-leave abuses.
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