VP's and ee's on FMLA

deniseE

Our Vice Presidents have requested that HR share with them the particular issue for which FMLA has been approved. Their logic is that it would be helpful to them to what is keeping the ee out so that they could better make business/coverage decisions in the ee's absence. For example that a broken leg might be a shorter time frame than say, cancer.

The VP's are given an estimated date of return, if provided by the doctor, or a date upon which FMLA will expire. I'm not sure that knowing the diagnosis will lead to anything beyond violating the ee's privacy and a bunch of VP's playing doctors in their spare time.

am I right?

HRQ

That's an interesting question and I'm not sure whether or not my answer is correct.

If the information is not being used to make a decision regarding discipline, I'd share it. I also feel confident that should a VP try to use medical information inappropriately, they'll listen to my advice against it. I don't know what your situation is.

I assume the VP is someone to whom you report and can handle the information appropriately. Any information I have access to, I share with my boss if they ask.

Whatever

One I noticed that state vice presidents (plural).
My feeling is that whether it is a v.p. or a supervisor or anyone else, medical information is confidential. Therefore, you are right.

Betty I_O

Do your VP's know what HIPAA, the Privacy Act, and PHI are? Have they been trained in these regulations? If so, they should not be asking for the medical information for your FMLA or other on-leave employees. We provide about what you do to our management, including the VP's. Even if WE are aware of an employee's medical condition, etc., we will not share that with our management. We rely on what has been submitted to us by the employee's doctor as to the duration, etc. of their leave. If no diagnostic
data is provided, so be it--we do not pursue that. You would be putting your company in jeopardy if you were to proceed as the VP's wish.

Perhaps knowing that there are both civil and criminal penalties for covered entities that misuse personal health information might sober their thinking? For civil violations of the standards, monetary penalties up to $100 per violation, up to $25,000 per year, for each requirement or prohibition violated may be imposed. Criminal penalties apply for certain actions such as knowingly obtaining protected health information in violation of the law. Criminal penalties can range up to $50,000 and one year in prison for certain offenses; up to $100,000 and up to five years in prison if the offenses are committed under "false pretenses"; and up to $250,000 and up to 10 years in prison if the offenses are committed with the intent to sell, transfer or use protected health information for commercial advantage, personal gain or malicious harm.

Carey

I agree in that I never share medical information with managers (even if they happen to be VP's). I would provide what you do - date of expected return or FMLA expiration.

Regarding the caution on HIPAA grounds, disability and workers comp are not covered by HIPAA, so while it's not advisable to give manager's health information in these circumstances, it's not illegal under HIPAA.