Legal Question in Medical Leave in Michigan

Re: Denied request for FMLA

An employer is allowed to request only the information required on Certification of Health Care Provider Form WH-380. That form has been generated solely for FMLA leave.

Regulation 29 CFR 825.306(b)states, in part: "Form WH-380, as revised, or another form containing the same basic information, may be used by the employer; however, no additional

information may be required. In all instances the information on the form must relate only to the serious health condition for which the

current need for leave exists."

Accordingly, a general release form for medical records goes far beyond what would be permissible under the FMLA regulations, for two reasons. First, the regulations do not allow for an employer to request records. Second, a general release of medical records would include information which is not limited to the serious medical condition.

A violation of the FMLA regulations may be reported to the Secretary of Labor, who is authorized to file suit on behalf of the employee. Alternatively, the employee may bring his/her own private lawsuit to enforce the FMLA laws.

You should contact an attorney or the U.S. Department of Labor in your area, to discuss the particular facts and circumstances which affect your rights and obligations. This response may not be relied upon as legal advice and it is not intended to be legal advice. No attorney/client relationship is created as a result of this response. I may be contacted at 248.788.8225.