Legal Question in Medical Leave in Vermont
FMLA and the Privacy Act
If my condition meets the FMLA defination of a Serious Health Condition, but I feel that my personal health is private, and the fact that I feel my managers would not keep the confidentiality that I have with my doctor, can my physician physician personally talk to another physician, inform him or her of the health situation? The company I work for has a doctor and a nurse for the district, but my employer feels that since he approves and disapproves my FMLA, he has to know what exactly I need the time off for. Where can I find a written statement or order or law with this written down? Where does doctor/patient confidentiality come in to play? Can you point to a location where I can find an answer.
1 Answer from Attorneys
How much information is enough???
If you are also disabled under the ADA, then your employer might be liable for disclosure of your medical condition. You may also have some state claims for invasion of privacy. You should contact your local Wage & Hour U.S. Dept. of Labor office for the form that details what info must be disclosed, or you can go to Dept. of Labor web site and look for 29 CFR Part 825. I am not licensed in your state yet. So, I can't advise you on any state claims you may have. Contact a lawyer immediately. If you have trouble finding one, just yell. Of course, in order to receive legal advice you can use, you should have a personal interview with a lawyer. The comments I have made are general and may or may not apply to your situation.
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