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Confidentiality Is Key When Employees Are on FMLA or ADA Leave

September 6, 2022

Via: SHRM
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Whether an employee is on continuous or intermittent leave, the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) restrict sharing information about the employee in virtually the same way and emphasize keeping medical information confidential. HR can pass along only some information to the employee’s manager.

“Restrictions may be shared with those who need to know,” said Joan Casciari, an attorney with Seyfarth in Chicago. As for the details of a medical condition, “the FMLA and ADA regulations contain similar language with regard to the records relating to FMLA leave or ADA accommodations.”

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