EE requests all copies of FMLA paperwork

HRratrace · February 2004

Hello!
Got an employee who has requested copies of all of her FMLA related paperwork for the past several years. Says she wants to take them to her attorney (why, I do not know...did not go there).
My natural instinct is to give her the paperwork she is requesting...she could probably get copies from her doctor if necessary, but I am reluctant to be such a pain. Can't find anywhere in the regs where it addresses this specific issue.
Is it OK for me to release this info to her?
Thanks in advance...

SMace · February 2004

I would have asked why. I would rather know what is going on than be blindsided. It could also possibly call her bluff. There are different schools of thought absent state or federal law. One is when someone says attorney, you immediately zip your lip and tell them to contact the company attorney. The other is similar to what you suggest, give her the paperwork so you don't make things worse than they are. There has to be more to this story than what you are telling us. Have you recently changed her job? Is there anything you've done that could be perceived as retaliation?

PS I do not know any laws that will guide you. I'll look 'em if I have time.

HRratrace · February 2004

Unfortunately, I do not have many details. I received a fax this AM from the plant (I am located at a centralized Corp office and we have several outlying manufacturing facilities located all over the state). The fax was sent to me by the local HR rep from that plant. The fax was simply one page, a copy of the letter the employee left on her local HR rep's desk.
The fax simply states this:

"Would you please make copies of my FMLA records from Aug 2002 up till my latest. I need them for my lawyer. I have another appointment this Friday at 3:00pm. Also, could and will you write a statement stating that since my 5+ years employed that I have had no history of this problem. Mr. Wallace (att) will be needing this also. If you need me call me.
Thanks"

I have a call into this plant inquiring about any details or info they can give me. Unfortunately, as you can see, communication between plants and Corp is very poor. I am always the last to know what is going on...but I am trying to get all the details I can.

According to my system records, she has had no job change, has had no performance or disciplinary issues, so I am not sure where this is all coming from. Morale is very good at this location, most employees are very happy and content and are not the "law-suit" happy type.

????

SMace · February 2004

Ask your local plant to get more details before you release anything. Is she an employee with no history of problems? That is a loaded statment to give an attorney. Sounds like she has had an accident and she is suing someone else for lost wages. I would want to know that for a fact before I give out anything.

HRratrace · February 2004

She is a great employee...no problems whatsoever in the 5+ years she's been with us. She's been out a lot over the years on STD/FMLA, but she's never exceeded what time was available to her and has always been able to return to full duty w/o any problem.
That thought process (accident/personal suit) does make sense...let's hope that's all this is.
I will certainly speak with the plant in great detail before making any decisions on this matter. Thank you very much for your insight. I'll let you know how it goes and what info I am able to obtain.

AJ SPHR · February 2004

I would give her copies of the paperwork instead of making an issue of it. However, I wouldn't make any statement about "not having any problems in the 5+ years she's been here" requirement. If she asks why not, I'd tell her it's because the question is unclear as to what it's pertaining to. When I read your synopsis of the fax, it made it seem that you were to comment on the fact that she medically has not had any problems of a similar natur. Who knows what it means or what it's for. Tell her to ask the attorney to put his request in writing to you so that you know the specifics of the information he's looking for before you respond.

HRratrace · February 2004

I have done just that.
After speaking with the plant, we have determined that she was involved in a car accident in 2002 and is now involved in a personal law suit over that accident. Her FMLA/STD since 2002 has been directly related to injuries sustained as a result of that accident.
I have agreed to provide her with the FMLA/STD paperwork that she has requested, but nothing more than that. I declined writing the letter she requested. I informed her that the company is not in a position to comment on her medical history; however, if her attorney feels diffently he can formally contact us with his request and we will take the request into consideration once we know what specific information is needed. This seems to have satisfied her.
Thanks to everyone for your advice...this was an odd request that I had not encountered before, so it raised a red flag.
Have a great day!!!

Don D · February 2004

I'm late to the party, but my advice is the same. Anytime a person mentions or threatens a lawsuit or advises that their request in any way involves a lawyer, tell them to have their lawyer contact your company attorney. Even if the lawsuit is assumed to not involve your company. Your company records are indeed involved. Only your company attorney should be the one recommending what should be released or perhaps, what should not be. Assumptions and conjecture aside about what she's doing and why, lawyers should deal with lawyers and certainly anytime a personnel file or medical file is involved. Your comment to her need not be an affront. I would simply say, "I'm going to run this by our attorney. To make it easier for all of us, ask your attorney to put his request in writing and direct the letter to our attorney. Here's that address....."

Your job will immediately be made much easier, not to mention not tossing and turning at nite wondering if what you did was proper, too much, not enough.

Pixie · February 2004

[font size="1" color="#FF0000"]LAST EDITED ON 02-06-04 AT 06:26AM (CST)[/font][br][br]Personally, I would not release the papework. Last year one of my employees was in an auto accident. His attorney sent a signed release requesting a record of the time the employee was off work between such and such a period of time, and what the employees wage was at that time. Why would you need give any additional information?

EE requests all copies of FMLA paperwork

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