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Help!

Fri, 02/14/2020 - 18:14
I’ve been out on a medical leave since December for something not related to epilepsy, and I’m returning back to work on Tuesday. I forgot to take my seizure medicine twice in a row and had a seizure several weeks ago. The law in my state says that people with “uncontrolled” seizure disorders have to go 6 months without driving. My neurologist is working on writing something for me that states my epilepsy is controlled with medication and is quite mild. Still, HR told me that they “cannot in good faith condone driving to and from work with an uncontrolled seizure disorder,” even though it’s controlled. Today I got a call from my neurologist saying that the HR rep was calling them asking about my medical information and whether or not I could drive. My neurologist did not give her any info over the phone because of HIPAA laws, thank goodness. The neurologist gave me permission to drive after one week of taking my medicine consistently, which I abided by. I’m worried that HR is going to try to get my license suspended and/or fire me. Am I wrong in thinking that calling for medical information without my consent and essentially telling me not to drive to and from work and calling my epilepsy “uncontrolled” is overstepping her role as an HR rep?

Comments

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Part of this depends what

Submitted by freshbeka on Sat, 2020-02-15 - 12:25
Part of this depends what state you are in.  I am an HR manager and have epilepsy.  The federal law says that the company should not ask for information regarding an employee w/out consent.  Is driving part of your job?  Meaning do you drive while on the clock?  It shouldn't be their concern how you get to/from work, but if you drive while on the clock, they have the right to check your driving record.

Hi, Thank you for posting, we

Submitted by Anonymous on Tue, 2020-02-18 - 09:01
Hi, Thank you for posting, we understand your concerns about driving and your HR representatives. The laws determining which medical conditions may prevent someone from driving varies from state to state. Your safety, as well as the safety of others is most important. Continue to talk with your neurologist about your concerns, who can help determine what is best and safest for you. You can learn more about maintaining your license, the driving laws in your state and mandatory reporting for physicians here: https://www.epilepsy.com/driving-laws/2008791To learn more about your legal rights,questions employers make ask regarding disability and medical information,please visit: https://www.epilepsy.com/living-epilepsy/independent-living/employment/medical-exams-and-questionsIf you feel you've been discriminated against because of your Epilepsy and would like to connect to the Epilepsy Foundation Legal team please complete the form found here: https://www.epilepsy.com/node/2013161                                                                                                And review the legal help section of our website: https://www.epilepsy.com/living-epilepsy/legal-helpAdditionally, ask to speak to our legal team by contacting our Epilepsy and Seizures 24/7 Helpline: contactus@efa.org, 1-800-332-1000,where trained information specialists are available to answer your questions, offer help, hope, support,guidance, and access to national and local resources.

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