FMLA questions

[AnotherTenant]

What is the name of your state (only U.S. law)? Texas

My doctor has scheduled me for surgery of a sensitive nature in two weeks time. He has told me that I can expect to be off work for about six weeks. Our HR director told me that I MUST file for FMLA, and that it's for my own protection. I have two questions related to this situation.

1) Why must I file for FMLA? How does it protect me? HR director has pulled some really shady stuff in the past (for example, she tried to sneak a reduction in our vacation hours into a "restructuring" of the way our holiday pay is reported and calculated), so I absolutely DO NOT trust her at this point and suspect that the forced FMLA is more for the company's protection than mine. I have plenty of sick leave to cover the time I will be off, so that's not the issue at all.

2) The paperwork that she asked me to have my doctor complete includes questions about my medical condition. OK, I'm not thrilled that HR is going to know what's wrong with me, but I can deal with it if I have to. In the past, however, they have not been discreet with others' medical issues and I am concerned that history may repeat itself. Does my employer/HR have any duty to maintain confidentiality about my condition? And do I have any recourse if they do not maintain the confidentiality?

Thanks in advance for any answers.

 

[cbg]

1.) Because FMLA protects your job in a way that simply taking sick time does not. The two are not mutually exclusive - the law specifically grants you the right to apply sick time to FMLA if you have it available so that it is paid leave and not unpaid leave. However, if you refuse to apply for FMLA then you can, quite legally, be fired for missing six weeks of work, regardless of how much sick time you have and regardless of how many doctor's notes you may provide. You could have a notarized letter from Regina Benjamin saying that you needed time off for medical reasons and if you were not on FMLA, you could STILL be fired. Quite honestly, it does not benefit the company AT ALL to have you on FMLA. But it does benefit you.

2.) To a certain extent, yes. They can quite legally let those who need to know, such as your supervisor or co-workers that you are on medical leave. But the doctor is not required to be specific as to diagnosis or prognosis; only to confirm that there is a medical necessity for the leave and what form the leave needs to take over what time period.

 

[AnotherTenant]

Well the forms ask for my diagnosis and treatment plan. I assume I've got to answer the questions, so is HR obligated to treat this information confidentially?

And thanks for explaining about why I'd want to go on FMLA in the first place. I appeciate you taking the time, and am grateful to have a better understanding of what it's all about.

 

[cbg]

Yes, FMLA records are subject to confidentiality.

Just because there is a place on the forms for diagnosis and prognosis does not mean that all the details of your situation need to be released.

 

[AnotherTenant]

Thanks.