If I take FMLA do I have to disclose information about my surgery to my Corp office?
I'm planning on having surgery which I want to keep private. On one of the forms I have to submit to the doctor its asking what the surgery is for.
I find this absurd! and dont want to disclose "what its for" isn't that my right to not disclose this information?
Answers (1)
No, you do not have to disclose the reason for the surgery in order to receive FMLA. Your physician only has to certify that he or she is treating you for a "serious health condition," as defined by the FMLA.
An employee may be protected under the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA) if all of the following is true: (a) your employer has at least 50 employees who work within 75 miles of one another; and (b) you have worked for this employer for at least one year all together, even if not consecutively; (c) you have worked for this employer at least 1,250 hours in the immediately preceding year; and (d) you have, or an immediate family member (spouse, child or parent) has, a serious medical condition as defined by the FMLA.
Very generally, a serious medical condition is more than a cold or scraped knee; it will require professional medical attention and will last for several days or more.
The FMLA is a federal law that provides up to 12 weeks of unpaid leave to employees who have a serious medical condition or who have responsibilities for an immediate family member with a serious medical condition. The time can be taken all at once or in increments of one day or even one hour. When the employee returns from leave, the employer must put the employee back into the same position held before the leave, or a substantially equivalent position that has equal or similar pay, equal or similar duties, equal or similar working conditions, etc.
If you are protected by the FMLA, then your employer can request medical documentation but is not entitled to know the diagnosis or treatment plan. The employer can insist on knowing the start and end dates of the need for leave.
If you take advantage or request leave under the FMLA, your employer is prohibited from discriminating against you. It cannot take adverse action because you needed FMLA-qualifying leave. For example, your employer cannot demand that an employee who takes FMLA leave provide medical information that employees who take any other kind of medical leave do not have to provide. Also, your employer cannot limit you in terms of job advancement, training, pay, work product, etc.
Please look at my guide to the FMLA for a better understanding of these rights: http://www.thespencerlawfirm.com/tslf-fmla.php.
If you believe your family leave rights have been violated, consult with an attorney.
posted by Marilynn Mika Spencer | Nov 11, 2016 6:31 PM [EST]
An employee may be protected under the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA) if all of the following is true: (a) your employer has at least 50 employees who work within 75 miles of one another; and (b) you have worked for this employer for at least one year all together, even if not consecutively; (c) you have worked for this employer at least 1,250 hours in the immediately preceding year; and (d) you have, or an immediate family member (spouse, child or parent) has, a serious medical condition as defined by the FMLA.
Very generally, a serious medical condition is more than a cold or scraped knee; it will require professional medical attention and will last for several days or more.
The FMLA is a federal law that provides up to 12 weeks of unpaid leave to employees who have a serious medical condition or who have responsibilities for an immediate family member with a serious medical condition. The time can be taken all at once or in increments of one day or even one hour. When the employee returns from leave, the employer must put the employee back into the same position held before the leave, or a substantially equivalent position that has equal or similar pay, equal or similar duties, equal or similar working conditions, etc.
If you are protected by the FMLA, then your employer can request medical documentation but is not entitled to know the diagnosis or treatment plan. The employer can insist on knowing the start and end dates of the need for leave.
If you take advantage or request leave under the FMLA, your employer is prohibited from discriminating against you. It cannot take adverse action because you needed FMLA-qualifying leave. For example, your employer cannot demand that an employee who takes FMLA leave provide medical information that employees who take any other kind of medical leave do not have to provide. Also, your employer cannot limit you in terms of job advancement, training, pay, work product, etc.
Please look at my guide to the FMLA for a better understanding of these rights: http://www.thespencerlawfirm.com/tslf-fmla.php.
If you believe your family leave rights have been violated, consult with an attorney.
posted by Marilynn Mika Spencer | Nov 11, 2016 6:31 PM [EST]
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