FMLA Confidentiality

Rockie

We have an employee who is very adamant about securing her confidentiality about some upcoming surgery. She does not wish to divulge the nature of the surgery, but her physician has authorized it. He just wrote on her paperwork "individual requires surgery for a serious health condition and will need 6 weeks recovery time." Do all of you feel this is sufficient to cover FMLA. I can understand her concerns about her desire for privacy and confidentiality as our practice can be a hotbed of gossip and she does not want herself or her illness to be a point of conversation.

Janet

Since no one has taken a stab at this yet, I'll give it a whirl.
Although we HR types are very wise, we are not medical doctors. Much as I hate it, I often have to rely on information that a doctor has given me. Would it make any difference if the doctor DID indicate what the issue is? The end result would still be the same--the doctor would certify it as FMLA qualifying. Or you could send her for a second opinion.

Whirlwind

I believe this is completely adequate. We had an ee who felt the same way about his surgery, and whose doctor filled out his paperwork similarly. If this person feels so strongly about her confidentiality, I'd say you're better off not knowing what it is. Then, if the information eventually gets out another way and becomes grist for the gossip mill, HR can't be accused.

Don D

It's not necessary for the medical official to state what the reason for surgery is; in fact we are prohibited from asking for a diagnosis in the first place. It boils down to whether or not he is whatever his 'stamp' at the bottom of the page says he is and whether or not you believe the certification came from his office. No information about the cause for surgery is needed. And Rockie, it would be crude if your company card to her, signed by all (?)says something like..."Hope everything came out alright"!

Rockie

Now Don....I know you wouldn't even think of doing this either!

dlail

What about elective cosmetic surgery? My understanding is that this type of surgery not qualify for FML unless complications developed. Would asking the doctor to confirm that the surgery is not cosmetic be sufficient without violating privacy?

Rockie

Elective cosmetic surgery does not qualify as a serious health condition under FMLA. On the FMLA paperwork there are guidelines that the physician goes by in certifying FMLA. I would not think that a physician would certify this as a serious health condition.

Whirlwind

I agree. If the doctor states that the ee needs surgery for a serious medical condition, you don't need to ask if the surgery is cosmetic.

LindaS

Actually cosmetic surgery would be considered a "serious health condition" if inpatient hospitalization is required. Not only if complications develop.

Don D

Aren't all cosmetic surgeries done on an outpatient basis? Only those outpatient surgeries that present problems or turn out to require a hospital stay would then meet the definition.