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Hippa and FMLA

denjendenjen 93 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
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?
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  • 7 Comments sorted by Votes Date Added
  • IrieIrie 482 Posts
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    [font size="1" color="#FF0000"]LAST EDITED ON 06-08-07 AT 08:58AM (CST)[/font][br][br]You don't need to share any information with a supervisor other than to tell the supervisor that the employee is on an approved FMLA leave. They don't need to know any details.

    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.
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  • ACU FrankACU Frank 2,188 Posts
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    I just got my butt handed to me for this, but I'm sticking by my guns... I don't have to tell the supervisor, the VP, or the CEO for that matter. If they think I may be using bad judgment, they need to appoint a different HIPAA officer.
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  • RockieRockie 2,136 Posts
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    Irie is absolutely correct. HR sometimes walks a fine line with this as supervisors are demanding to know "what" is wrong with an employee. All you can legally say is they are on an approved FMLA leave and any other information is confidential.


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  • stilldazedstilldazed 640 Posts
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    Agree with prior posters. The details are none of anybody's business in the workplace except the employee. All HR needs is medical certification--no diagnosis required, nor are HR folks entitled to the diagnosis. If the worker chooses to share info, that's the worker's business. It is not the role of HR.

    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.
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  • ritaanzritaanz 2,665 Posts
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    Great answer!
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  • DawnCDawnC 27 Posts
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    Don't share anything! And if the rumor mill is at work, don't agree, acknowledge or otherwise feed into it. Advise the supervisor or whomever the employee has confided in not to share that informtion with anyone else. This is a tough call. Around here if just one wrong person knows, your business spreads like wildfire...not a good situation.
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  • denjendenjen 93 Posts
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    Thank you. I think I can grow a spine strong enough to stand up to the supervisors.
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