October 5, 2022
The Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) both restrict the sharing of medical information about employees. The FMLA regulations provide that records shall be maintained confidentially in conformance with the ADA except that:
- Supervisors and managers may be informed about necessary restrictions on an employee’s work or duties and needed accommodations.
- First-aid and safety staff may be told, when appropriate, if the employee’s physical or mental condition might require emergency medical treatment.
- Government officials investigating compliance with the FMLA or other pertinent law shall be provided relevant information upon request.
Employers should recognize the difference between sharing information on an employee’s restrictions – for example, no lifting over 25 pounds for the next six weeks; and the underlying medical condition causing the restrictions.
An employer may have a business need to share with the employee’s supervisor that an employee may require intermittent leave. Of course, the supervisor could then better manage work schedules. The same supervisor likely would not, however, need the specific information about the employee’s exact medical condition. The concern is that an employee whose information has been shared may allege later that their supervisor engaged in disability discrimination. Accordingly, supervisors and managers should be trained not to repeat details on medical conditions just because the employee is sharing details.
If you have questions regarding this or any other matter, please contact Dean Leazenby at Warrick & Boyn, LLP.