Legal Question in Medical Leave in Ohio

I took FMLA but i wanted the details of my leave private from the in-house management, i took my paperwork to the corporate office. Upon my return, the in-house supervisor told me someone from the corporate office called her at home to tell her i would be returning to work. She then began to question me about my condition and how could i not have known about it. Is this a violation of my privacy ?


Asked on 8/12/10, 1:11 pm

1 Answer from Attorneys
Neil Rubin Neil S. Rubin, Attorney at Law, LLC

This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.

Yes it is. And it is also a HIPAA violation. The only people who need to know your medical business is you, your doctor, and the corporate person who reviewed your FMLA application and then granted it. The in-house supervisor is not on a "need-to-know" basis and she does NOT need-to-know.

Just respectfully tell her that you do not want to discuss it. If she presses you, call corporate HR. They should shut her down quick but she may take offense so tread easy.

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Answered on 8/19/10, 4:34 pm


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