IMPORTANT: If you, as a manager or supervisor are made aware of the nature of the medical condition of an employee or his/her family member, you are required to keep the information CONFIDENTIAL and not share details of this information with others.
If it is necessary for business purposes to communicate that an employee is or will be out of work, you can indicate that they are 鈥渙n leave,鈥 but do NOT disclose they are on 鈥medical leave鈥.
In 1996 Congress enacted the Health Insurance Portability and Accountability Act (HIPAA), which mandates protecting the privacy of an individual鈥檚 personally identifiable health information. This means that employees who go on medical leave are protected by confidentiality to prevent the nature of their or their families鈥 medical condition from being disclosed. It is unlawful as well as inappropriate to convey emails, announcements at staff meetings, and other methods of communication indicating the employee is on 鈥渕edical leave鈥 as well as the specifics of employees鈥 (or their families鈥) medical conditions.
In performance discussions and evaluations, there should be no reference by the supervisor to an employee鈥檚 medical leave and/or medical issues. As indicated above, you can reference a 鈥渓eave鈥 if necessary for business purposes, but not 鈥渕edical leave.鈥
While it is understood that managers and supervisors have the best interest of their employees in mind, it is important to recognize the need to balance good will with good judgment, respect and discretion when handling medical issues. The University prides itself on respecting and maintaining the privacy of its employees and their dependents.
What do you do if an employee comes to you and discloses the need for time away from work due to medical reasons?
For employees who need time out of work for medical reasons (including maternity leave), you should direct your employees to contact the HR Benefits team to review their options.
Leave of Absence
HR maintains medical records in a file separate from employees鈥 personnel files, and shares medical information strictly on a need-to-know basis in accordance with FMLA and the Americans with Disabilities Act (ADA). Any medical documentation retained in department needs to be kept in a confidential file separate from employees鈥 personnel files (e.g., physical limitations to performing the job, doctor鈥檚 note releasing the employee to return to work, etc.).
If you have questions on FMLA and handling medical issues, your HR Business Partner is available as a resource, and would be glad to attend any staff meetings to further discuss this and any other HR matters.
