can employers legally ask why I am asking for FMLA papers to give to the doctor?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

can employers legally ask why I am asking for FMLA papers to give to the doctor?

I live in Tennessee work full time, non union, was questioned like a criminal when I asked HR for FMLA papers to give my moms Dr to sign. I thought this violated HEPA privacy rules.

Asked on November 1, 2016 under Employment Labor Law, Tennessee

Answers:

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

Answered 7 years ago | Contributor

Yes, your employer could legally ask why you wanted FMLA papers. The fact is that such leave is available for certain medically related reasons. In order to be certain that you were eligible, your company was entitled to confirn the reasons surrounding your request. There was no violation of HIPPA; only a medical provoder is covered for such a breach.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, they can ask: FMLA leave is only available for certain specified reasons, and the employer is entitled to confirm that this request or usage is valid. You don't need to provide great detail, but you do have to provide enough information that they can verify that this is an appropriate use of the leave.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption