How Much Do You Need to Tell Your Employer About Your Reason for Using FMLA?

The Family and Medical Leave Act (FMLA) is a law that allows employees to take a leave of absence from work for up to 12 weeks per year to deal with medical issues affecting themselves or their families. Employees often use this leave to care for an ill family member.

One of the most common questions regarding FMLA is how much are you responsible for sharing with your employer when you exercise your right to leave? After all, in many instances, you’re dealing with privacy issues related to the health of others. Is that information your employer has a right to know?

Here’s what you need to know about FMLA and explaining your reason for its use to your employer.

What is FMLA?

FMLA protects your job when you need to take time away to care for a sick relative. It acknowledges the stress and responsibility of dealing with family illness and ensures that unemployment doesn’t become an additional concern.

Not all employees have access to FMLA. It applies to companies with 50 or more employees. (Some state laws offer a slightly varied version of FMLA.) To receive FMLA benefits, you must work for a company for at least 12 months before taking leave.

If you’d like to learn more about FMLA, check out this information from the US Department of Labor.

Speak to your human resources department to determine how FMLA applies to your specific situation.

What Do You Need to Tell Your Employer to Receive FMLA?

To qualify for FMLA, you must reveal a certain degree of private medical information to your employer. Sometimes employers don’t ask for specifics and just accept employee requests for leave. However, if your employer does ask for details about your situation, you do need to disclose information regarding your health or the health of your loved one. In some cases, you’ll need to submit certified medical documents to back up your claim.

Keep in mind, just because you must share your information with your employer doesn’t mean the information becomes public. Your employer must protect any private medical information you provide to them.

Under no circumstances can the people with whom you’ve shared information discuss what they know. This applies regardless of why they are sharing the info, even if it’s done with the best intentions.

Sharing an employee’s reasons for FMLA leave with unauthorized co-workers is an automatic violation of FMLA. A violation might entitle you to compensation. According to the law, employees must protect any confidential information you provide to them.

If you believe your rights under FMLA were violated in any way, you could be entitled to compensation. This applies if you were denied FMLA or if your privacy rights were violated while using FMLA.

If you would like to know more about your rights as an employee under FMLA or you’d like to discuss your situation in greater detail, contact Borrelli & Associates, P.L.L.C. to schedule a free consultation.