Is it illegal for a manager to discuss employee confidentiality with other employees regarding my FMLA leave?

I was told that the general manager at my job has been talking to other employees about me taking time off for my intermittent FMLA. He had told other employees he was going to find something to fire me for because he can’t for missing days of work. Also, that he would change my schedule until I just quit. Discussing how I am paying my bills since I haven’t been back to work with other employees. I contacted HR and when I asked what the policy and procedures where for employee confidentiality I could not get a straight answer. I was also told that I should file a report with the EEOC.

Asked on June 3, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The fact that you are taking FMLA leave is not confidential, and the question of how you are paying your bills, while none of the employer's or coworkers' business, is not confidential, either.

However, the law specifically prohibits retaliating against employees for taking FMLA leave. If you do suffer any adverse consequence--worsened shift, loss of hours or pay, discpline, suspension, or termination--you may have a legal claim for compensation, and should either contact the department of labor to file a complaint and/or speak with an employment law attorney about bringing a lawsuit.


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