When they don't need to know...

juju

Right now we are dealing with managers feeling entitled to more info than they need when one of their employees is on a LOA. We already tell them the ee is on an approved leave. They are having trouble understanding WHY they can't get more info than that. (Regardless, that's all they are going to get)

Can anyone recommend some resources that detail actual problems (lawsuits, etc.) that have occurred when there is a breach of this confidentiality? We want to have some concrete examples to show our management team. I've googled a few terms but am not having much luck.

Thanks!

System

You might look at our topic pages on employee privacy ([url]http://www.hrhero.com/topics/privacy.html[/url]) or the ADA ([url]http://www.hrhero.com/topics/ada.html[/url]). Those pages have basic information as well as articles on the subject.

System

I found some other things that might help. We have several special reports (they are included free with your subscription to the Employment Law Letter newsletters) on Employee Privacy, ADA, and FMLA. You can find them at [url]http://www.hrhero.com/special_reports/[/url]

Sharon McKnight SPHR

[quote=juju;716074]Right now we are dealing with managers feeling entitled to more info than they need when one of their employees is on a LOA. We already tell them the ee is on an approved leave. They are having trouble understanding WHY they can't get more info than that. (Regardless, that's all they are going to get)

Can anyone recommend some resources that detail actual problems (lawsuits, etc.) that have occurred when there is a breach of this confidentiality? We want to have some concrete examples to show our management team. I've googled a few terms but am not having much luck.

Thanks![/quote]

Juju,

If it's not a medical leave, then there's no reason they can't be given basic information about the leave such as reason for leave, length of the leave, etc. If it is medical leave, you might try this response:

I understand your concern; unfortunately, providing medical information regarding his/her leave would violate the ee's right to privacy and the requirements of HIPAA. However, if you have specific, non-medical, questions, I'll answer them if I can, but, if I can't, I ask that you respect my position and accept that I am unable to answer your questions.

I hope this helps.

Sharon