FMLA / Supervisor Question

[csmith99]

What is the name of your state? Kentucky

I have a question as a supervisor of an employee who has contacted HR about a possible FMLA situation. As the supervisor of the employee in question, HR will not provide me any details about the situation, what the problem is, or how long the employee will be gone, citing HIPPA privacy laws. As the supervisor, do I have a right to know this information, or is HR doing the right thing?

 

[moburkes]

What is the name of your state? Kentucky

I have a question as a supervisor of an employee who has contacted HR about a possible FMLA situation. As the supervisor of the employee in question, HR will not provide me any details about the situation, what the problem is, or how long the employee will be gone, citing HIPPA privacy laws. As the supervisor, do I have a right to know this information, or is HR doing the right thing?

Nope, you do not. And, its HIPAA, not HIPPA.

 

[ecmst12]

I don't know if HIPAA restricts employers from sharing health information, I don't think it does. I will agree with your HR that you don't need to know what the employee's condition is, though I'd think how long he's expected to be out would be useful information to you. Have you asked the employee how long he expects to be on leave?

 

[Betty]

I agree with ecmst12 - I'm not sure if HIPAA would prohibit HR from sharing info with employee's supervisor - at least how long they will be out.

 

[moburkes]

HR won't have access to the employee's medical information, UNLESS the employee disclosed it to the HR rep. All that HR can ask for is medical certification, not specific information about the medical problem. So, unless the employee told the HR rep what the problem was, and HR wants to violate the employee's trust, you won't find out that information. HR may be using "HIPAA" as a reason, but the basic reason is that it's none of your business. And, until the doctor explains if the leave is is for several weeks at a time or intermittent, he doesn't know either, frankly.


Here is what I find:
In addition, the federal Family and Medical Leave Act (FMLA) gives most workers the right to 12 weeks of unpaid leave a year for personal and family health. If FMLA leave is because of a serious illness, your employer may request a of the illness. But the employer cannot make you produce medical records. See the U.S. Department of Labor web site for more information on FMLA, www.dol.gov/elaws/esa/fmla/faq.asp.

**
Q: Do I have to give my employer my medical records for leave due to a serious health condition?

No. You do not have to provide medical records. The employer may, however, request that, for any leave taken due to a serious health condition, you provide a medical certification confirming that a serious health condition exists
**
Q: Can my employer make inquiries about my leave during my absence?

Yes, but only to you. Your employer may ask you questions to confirm whether the leave needed or being taken qualifies for FMLA purposes, and may require periodic reports on your status and intent to return to work after leave. Also, if the employer wishes to obtain another opinion, you may be required to obtain additional medical certification at the employer’s expense, or rectification during a period of FMLA leave. The employer may have a health care provider representing the employer contact your health care provider, with your permission, to clarify information in the medical certification or to confirm that it was provided by the health care provider. The inquiry may not seek additional information regarding your health condition or that of a family member.

 

[cbg]

We don't have enough information to know if HIPAA applies.

However, no law mandates that you be provided with the information, even if it does not.