Can a supervisor tell employees to decide which of them will change shifts due to too much time off under FMLA? Is this a violation of FMLA confidentiality rules?

FMLA has no specific confidentiality rules. When an employee takes too much time off other employees may wonder if there is some favoritism. The use of FMLA time off can explain the absences to the other employees and dilute feelings of favoritism. The medical diagnosis does not have to be disclosed to an employer for FMLA to be in effect. Best practice is that employees keep their medical information to themselves. If the employer discloses medical information that an employee has told him it is not a violation of FMLA rules. It is not a violation to say an employee is using FMLA leave.

FMLA employees are entitled to return to the same job (with the same working conditions). The requirement that an employee change shifts because of FMLA leaves could be viewed as illegal retaliation.

ADA regulations may have some jurisdiction for medical condition confidentiality.


Hope that helps you out. =)



A note about HR laws:
Laws concerning employee treatment, benefits, hiring and firing…etc are multi-level. What this means is that there are Federal laws, state laws and sometimes local regulations that have jurisdiction over an employee. The information presented here should not be considered legal advice. Ultimately, employers with serious legal questions should consult local attorneys with expertise in worker relations.
The questions and answers presented here are based on research and data from internet sources and should not be considered the final word.

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