Where do I file the form?

Carol CA · July 2002

I thought I heard somewhere that if an employee is taking a FMLA leave for their own serious illness that you cannot file the Leave Notice in the personnel file. Is that correct? Does it need to be filed in the medical file instead? If someone could be advise, I would appreciate it!

Thanks!

Margaret Morford · July 2002

Yes. Put it in your confidential medical file that is kept separate from the personnel files with very limited HR only access.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Don D · July 2002

Exactly. We have supervisors who are entirely too nosey when they do not have a need to know. Supervisors generally are allowed to access the personnel file of people whom they might be considering for transfer into their department (Or even people who are already in their department). If we allowed such information, no matter how sterile it is (even an FMLA approval note), to remain in a personnel file, some managers would be more interested in THAT than they are in qualifications and work history with the company. Many who post and respond to The Forum are of the opinion that life is a partnership and HR needs to have supervisors as co-equal partners regarding the knowledge of, information exchange and paper flow of medical absence issues. I would stand alone if need be in the other lineup. There are too many liability/privacy issues at stake. x:-)

SandiF · July 2002

I have always kept my FMLA file locked in a separate folder. That is, all employees' requests/responses etc. are together in one place, as opposed to keeping a separate FMLA file for each. Is this ok?

Don D · July 2002

As long as the medical information is filed separate and apart from the regular personnel file, unless some state requires otherwise. Although I find retrieval and use much easier when its in a separate file for each person, you would still be OK if you decided to file it all in one SEPARATE file. The chance of co-mingling and not locating something is higher. Its easier for me to just simply file anything related to FMLA (whether medically revealing or not) in the separate file set up for that ee's medical information. There's no requirement that the separate filing be alphabetical or in individual file folders.

SandiF · July 2002

Thank you, Don.

It's interesting, I never gave any thought to putting each FMLA request in the employee's medical file. I've kept them in one file from the beginning (separate from their employee file). I guess that's the way I learned almost 10! years ago. I also have a separate medical file for each employee for other medical paperwork.

Carol CA · July 2002

Thanks for the feedback everyone. I thought I was on the right track, but it never hurts to get confirmation!

Where do I file the form?

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