Legal Question in Medical Leave in Florida
Losing FMLA forms
I work in the HR Department with several other HR employees. My question is that we have an employee who we lost his FMLA paperwork. Can he retaliate towards us and the compay for losing his forms. They where isgned by his doctor.
Some help would be appreciated.
Asked on 3/04/09, 7:13 am
1 Answer from Attorneys
Bob McCormack
Lewis Brisbois Bisgaard & Smith LLC
Re: Losing FMLA forms
It depends on what was contained on the forms. If there is confidential medical information, there may be some concern regarding HIPAA.
There are ways to address this delicate situation to minimize risk. You should consult staff counsel on this one. Leaving it to chance does not appear to be the way to go.
Answered on 3/04/09, 8:29 am
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