Can my supervisor ask coworker about my fmla

UPDATED: Oct 17, 2016

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Can my supervisor ask coworker about my fmla

I was absent for 3 dayd on fmla. My supervisor was
asking a coworker where and what was going on with

Asked on October 17, 2016 under Employment Labor Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes. 1) A coworker, unlike a health care provider, is not restricted from answering questions about someone's health, etc.; 2) an employer may conduct some basic inquiry into FMLA leave (or other absences from work), to see if it's legitimate--especially if anything occurred or was said that caused suspicion; 3) generally, any one can ask any one else anything--sometimes the other person legally can't answer (e.g. some health care workers about patients; attorneys about their clients) and other times they choose to not answer, but the question is not illegal.

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