FMLA - How do you inform co-workers of an employees' admittance to the hospital?

6389163

Here is my question....

We have an employee who was, unexpectedly, admitted to the hospital.  How do you answer co-workers questions and concerns without breaking any FMLA laws?  

 Thank you for your help.  Janice

 

HRforME

Directly from the Regs: "Records and documents relating to medical certifications,recertifications or medical histories of employees or employees' family members, created for purposes of FMLA, shall be maintained as confidential medical records in separate files/records from the usual personnel files, and if ADA is also applicable, such records shall be maintained in conformance with ADA confidentiality requirements (see 29CFR Sec. 1630.14(c)(1)), except that: (1) Supervisors and managers may be informed regarding necessaryrestrictions on the work or duties of an employee and necessary accommodations; (2) First aid and safety personnel may be informed (when appropriate) if the employee's physical or medical condition mightrequire emergency treatment; and  (3) Government officials investigating compliance with FMLA (or other pertinent law) shall be provided relevant information upon request." http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.500.htm

Here's an interesting article I found: http://federalfmla.typepad.com/federal_fmla_blog/confidentiality/ It states "...As written, the DOL regulations impose confidentially on medical records that are not covered by the Americans with Disabilities Act provided they were “created for purposes of FMLA.”  The critical phrase is undefined. Here, it is not clear that the diagnosis was communicated in writing by her physician to DaVita.  If it were, Wiggins may at least have survived the employer’s motion for summary judgment had she asserted an FMLA cause of action for the employer’s breach of medical record confidentiality.  It is clear that the diagnosis was the basis for the employee’s request, and the employer’s approval of, FMLA leave. This arguably satisfies the requirement the medical information was “created for purposes of FMLA.”      

I think the question would then become, did this knowledge come from information that was "created for the purposes of FMLA"? 

Obviously the other employees know this employee is away from work. I would keep my answers very guarded...that is I would only say something like "Jane is going to be out of work for an unknown amount of time. We need to all pitch in to make sure her projects/work is kept up to date. Any questions regarding Jane's absence should be directed to her supervisor or HR." And the supervisor should not have much more information than is needed in an ADA situation.

TXHRGuy

Whether created for FMLA or not, I generally have no comment about another person's absence unless they're gone from the company.  "Mr. X is no longer with the Company.  He did some great things while he was here and I hope you will all join me in wishing him the best of luck for the future."

 

HRforME's last paragraph is as far as I would generally ever go.  It's up to the EE to decide if they want everyone (or anyone) to know about their business.