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Can HR legally disclose my alcoholism during my FMLA leave?

Can HR legally disclose my alcoholism during my FMLA leave?

Full question:

I am a manager at a large retail company. In May I went on an fmla leave due to my alcoholism and sought help. Recently it has come to my knowledge that our HR manager told several other people the reason I was on medical leave. Is there a legal issue regarding the disclosure of this information by HR?

Category: Civil Rights
Subcategory: Privacy
Date: 04/07/2025
State: New Jersey

Answer:

The Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) set strict confidentiality rules for employee medical information. Employers must keep medical records separate and limit access to them. Generally, any medical information about an employee, including alcoholism, must remain confidential.

However, there are specific situations where an employer can disclose that an employee has alcoholism:

To supervisors and managers to provide reasonable accommodations or meet work restrictions.
To first aid and safety personnel if emergency treatment is needed.
To individuals investigating compliance with the ADA and similar laws.
For workers' compensation or insurance purposes, such as processing a claim.

Employers cannot disclose that an employee has alcoholism to coworkers. If coworkers ask why someone is receiving special treatment, the employer can explain that they assist employees facing difficulties while respecting privacy. Employers should assure employees that their privacy will be maintained if they request workplace changes for personal reasons.

In summary, if your HR manager disclosed your alcoholism without your consent, it may violate confidentiality laws under the FMLA and ADA.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is an example of FMLA abuse?

FMLA abuse occurs when an employee takes leave under the Family and Medical Leave Act for reasons not covered by the law. For example, if an employee falsely claims a serious health condition to take time off for personal reasons, that would be considered abuse. Employers can investigate suspicious patterns of leave, such as frequent requests on Mondays or Fridays, to determine if FMLA is being misused. However, employees are protected when they take legitimate leave for qualifying reasons.

Is it legal for a manager to question FMLA leave?

Yes, managers can ask employees about their FMLA leave, but they must do so carefully. They can inquire about the need for leave and any work restrictions. However, they should not ask for specific medical details or reasons for the leave, as this could violate confidentiality protections under the FMLA and ADA. It's important for managers to respect employee privacy while ensuring compliance with workplace policies.

Can FMLA be used against you?

Employers cannot retaliate against employees for taking FMLA leave. This means they cannot fire, demote, or discriminate against an employee for exercising their rights under the FMLA. However, if an employee abuses FMLA leave, such as by taking leave for non-qualifying reasons, the employer may take disciplinary action. It’s crucial for employees to follow the proper procedures when requesting FMLA leave to protect their rights.

Can an employer harass you while on FMLA?

No, employers cannot harass employees while they are on FMLA leave. Harassment can include unwanted comments or actions regarding the employee's leave or medical condition. Such behavior may violate the FMLA and could lead to legal consequences for the employer. If an employee feels they are being harassed during their leave, they should document the incidents and consider reporting them to HR or seeking legal advice.

What is considered FMLA harassment?

FMLA harassment refers to any negative treatment an employee receives related to their FMLA leave. This can include hostile comments about the leave, pressure to return to work sooner than allowed, or retaliation for taking leave. Employers must respect an employee's right to take FMLA leave without facing discrimination or harassment. If harassment occurs, employees should report it to HR or seek legal counsel.

Is alcoholism protected under the ADA?

Yes, alcoholism is considered a disability under the Americans with Disabilities Act (ADA) if it substantially limits one or more major life activities. This means that individuals with alcoholism are entitled to reasonable accommodations in the workplace. However, the ADA does not protect employees who are currently engaging in illegal drug use. Employers must treat employees with alcoholism fairly and ensure their privacy is maintained.