Hippa and FMLA
denjen
93 Posts
How much information can I share with supervisors about an employee that has filed a FMLA? Do I demand that the supervisor take my word that he/she qualifies and he is to ask for no more than schedule?
Comments
Even an employer isn't entitled to details of an employee on FMLA. The only information you need is that the leave qualifies as FMLA per the doctor - no details required.
Edit: And FMLA does not fall under HIPAA.
One of HR's roles is to protect the rights of the worker, including FMLA and anti-discrimination rights. Offer to the insistent supervisor that info he/she is asking for is not part of the worker's personnel file for a reason, and that part of your role is to ensure that the supervisor is protected from any potentiall allegations of discrimination based on medical info with this worker. I sometimes find that presenting a 'no' message to a supervisor in the context of it being my effort to protect the supervisor helps the supervisor swallow the 'no' message a little easier.
Best wishes.