Q. When HR receives an employee’s completedform, does the employee’s supervisor have the right to see the form and know the medical reason for the ? — Ann, Illinois
A. Supervisors are not entitled to medical information about their employees (including reasons for leaves) as a general matter.are silent about whether supervisors can be given a copy of the employee’s Certification of Health Care Provider Form. But the rules do say supervisors are not permitted to contact doctors directly to obtain clarification on the employee’s condition.
The ADA is also relevant. The law says supervisors are entitled to new hire medical information only to the extent they need to be aware of necessary restrictions on the employees’ duties and accommodations.
You’ll have to balance the practical need for supervisors to be aware of employees’ need for leave (and possible restrictions) against the need to treat employee medical info as confidential. This likely means supervisors will be provided with information on thecertification sometimes, but not as a matter of course.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Employers preparing for swine flu's second wave
- 10 warning signs of low morale ... and 8 ways to boost it
- 12 simple ways to boost your wellness program's effectiveness
- Pregnant Employees: Answers to 7 Questions on Hiring and Employment Status