[NM] Do I have to share my medical records and POA with my POA's employer?
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The Family Medical Leave Act does not require you to share a copy of your POA. Employers can request medical certification for a serious health condition, but not a medical POA or detailed third-party records. You are not legally required to give your medical POA form or medical records to your POA agent’s employer.
Under New Mexico law, an employer is prohibited from interfering with an employee’s rights under the FMLA and from retaliating against an employee for exercising those rights. Employers cannot use FMLA leave as a negative factor in employment actions such as termination.
If an employer terminates someone for using FMLA leave, it could be retaliation and would be unlawful under both FMLA and New Mexico law.
The FMLA allows employers to request medical certification from the employee’s health care provider, but not your private medical records or legal documents unless you voluntarily authorize it. HIPAA also protects your medical privacy — they need your written consent to obtain that information.
In New Mexico:
- The New Mexico Human Rights Act (NMHRA) prohibits discrimination against an employee due to serious medical conditions.
- In Cordova v. New Mexico, the court supported claims of FMLA interference and wrongful termination.
- In Rodriguez-Ortega v. Rich, the court allowed FMLA interference claims against individual supervisors.
- In Saavedra v. Lowe’s, FMLA and NMHRA claims for retaliatory discharge and disability discrimination were upheld.
These cases show that New Mexico takes FMLA protections seriously, and retaliation for taking medical leave can lead to legal consequences.
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My medical POA's employer wants a copy of my medical POA form. Do I have to give it to them?
I understand your concern. Can you clarify if the employer has a valid reason for requesting a copy of your medical power of attorney form?
They want all my medical info and proof that he’s my POA. They’re trying to terminate him because they don’t believe what’s going on. He’s also on leave under the Family and Medical Leave Act so he can tend to my medical needs.
Have you reviewed his employment contract or company policies to see if there are any specific requirements about sharing personal legal documents?
Let me ask him.
Is there anything else I should know before I connect you with a lawyer? They’ll be able to help.
There’s nothing in the policies about sharing it.
Hey there! Welcome to AskaLawyer. I'm Esquirechamp, an attorney with many years of experience, and I'm here to help you out.
Just so you’re aware, you’re not legally required to provide your medical POA form to your POA’s employer unless specific circumstances apply. Medical information, including POA forms, is protected under privacy laws like HIPAA and CMIA (in CA). Employers typically need written authorization to access such information.
Okay, but I’m not the employee. My POA is. His employer wants my medical records and POA form.
Got it, thanks for clarifying. Could you let me know which state you're in? Also, do you know why your POA’s employer is asking for your medical records and POA form?
I’m in New Mexico. They don’t believe him about any of it. They want to terminate him because he used the Family Medical Leave Act for my surgery on April 7. They told him his FMLA doesn’t matter.
The Family Medical Leave Act does not require you to share a copy of your POA. Employers can request medical certification for a serious health condition, but not a medical POA or detailed third-party records. You are not legally required to give your medical POA form or medical records to your POA agent’s employer.
Under New Mexico law, an employer is prohibited from interfering with an employee’s rights under the FMLA and from retaliating against an employee for exercising those rights. Employers cannot use FMLA leave as a negative factor in employment actions such as termination.
If an employer terminates someone for using FMLA leave, it could be retaliation and would be unlawful under both FMLA and New Mexico law.
The FMLA allows employers to request medical certification from the employee’s health care provider, but not your private medical records or legal documents unless you voluntarily authorize it. HIPAA also protects your medical privacy — they need your written consent to obtain that information.
In New Mexico:
- The New Mexico Human Rights Act (NMHRA) prohibits discrimination against an employee due to serious medical conditions.
- In Cordova v. New Mexico, the court supported claims of FMLA interference and wrongful termination.
- In Rodriguez-Ortega v. Rich, the court allowed FMLA interference claims against individual supervisors.
- In Saavedra v. Lowe’s, FMLA and NMHRA claims for retaliatory discharge and disability discrimination were upheld.
These cases show that New Mexico takes FMLA protections seriously, and retaliation for taking medical leave can lead to legal consequences.
Thank you for your time.
If you have any additional questions, you can reach out to me directly.
