Can a manager discuss why you are on FMLA with other employees?

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Can a manager discuss why you are on FMLA with other employees?

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

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Managers, supervisors, etc. should not share the details of medical leave with others; this information should be kept confidential. If it is necessary for business purposes to communicate that an employee is or will be out of work, the manager should indicate that the employee in queston is "on leave" but not disclose that they are on "medical leave". That would be a violation of HIPPA which mandates protecting the privacy of an individual’s personally identifiable health information. This means that employees who go on medical leave are protected by confidentiality to prevent the nature of their or (their family's) medical condition from being disclosed. 


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