Taking FMLA Leave? What You Need to Disclose to Your Employer

Apr 7 2020

Changes to Connecticut Family and Medical Leave Act Effective January 1, 2022. Learn more.

You may already understand when FMLA leave comes into play.  The federal Family and Medical Leave Act allows eligible employees to stay out of work without pay for up to 12 weeks in a one-year period.  The Connecticut FMLA allows eligible employees up to 16 weeks of leave in a two-year period.

Many workers use FMLA leave when they or a close family member have a serious health condition.  However, workers may be confused about how much they need to tell their employers about that serious health condition.  What do you need to disclose, and what can your employer do with that information?

Reviewing the Basics

The goal of both the federal and Connecticut FMLAs is that you should not lose your job just because you or a close relative gets sick.  You’re already under enough stress when you or a loved one is sick.  You shouldn’t have to worry about getting fired on top of that.

Unfortunately, though, not all employees have access to FMLA leave; in other words, not every employer is obligated to provide FMLA leave.  The only private companies bound by the FMLA are those with 50 or more employees.  (Under Connecticut law, as of January 1, 2022, the employer is only required to have one or more employees.)  Also, the employee must have been working for the employer for 12 months prior to taking FMLA leave.

How to Obtain FMLA Leave

You may feel a bit reticent about disclosing sensitive medical information to your employer.  That is understandable.  Your personal medical records are no one else’s business, and you may not want your colleagues to be privy to sensitive information regarding your health.

In order to determine your eligibility for FMLA leave, however, your employer does need to know the reason you need the time away.  So if you are staying out due to a medical condition, you are obligated to disclose it if the employer asks.  You may also be required to provide documents from your doctor that certify your eligibility for FMLA leave.

Keeping Your Medical Information Private: Employers’ Obligations

Fortunately, the law puts restrictions on what your employer can do with your private medical information.  Simply put, your employer must refrain from sharing the reasons for your FMLA leave.

The reason that the employer shares your private information is irrelevant.  Your boss may just want to tell people you’re doing OK.  Or they might think you would not mind if people knew what was happening.  That is not an excuse.  If your employer shares the reasons for your FMLA leave with someone who does not need to know, it could be an automatic violation of the FMLA, and you could be entitled to damages.

Consider the case of Holtrey v. Collier County Board of County Commissioners.  There, the employee applied for FMLA leave based on problems with his genito-urinary system.  A manager decided to share the employee’s sensitive and personal information with some coworkers.  After that, the employees’ coworkers frequently mocked him with “jokes” and “obscene gestures.”  Of course, that never would have happened if the employer had not breached the employee’s privacy.  The court concluded that, if the allegations were true, the employer had violated the FMLA.

In a nutshell, employers must protect your confidential information.  If you have concerns that your Connecticut employer violated your privacy rights, it’s time to meet with an experienced employee rights attorney.

Contact Us

Were you denied FMLA leave?  Do you have questions about disclosing your personal medical information to your employer?  Contact Garrison, Levin-Epstein, Fitzgerald & Pirrotti, P.C. to gain some valuable insight.  We look forward to assisting you!

Posted by in Employment Law

Tagged

Share this Post

fmla leave

About the Author

Advocating for Employees
since 1977

Best Lawyers

Let Us Review Your Case

    We will respond to your message promptly. Although we will keep your message strictly confidential, please note that contacting us does not create an attorney-client relationship.

    Client Experiences

    You will never meet a more knowledgeable and compassionate professional than Steve Fitzgerald. My employment situation was very complex, and Attorney Fitzgerald kept me focused while remaining extremely adept and “thinking on his feet.” Should the need present itself again, I would never seek anyone else’s counsel regarding employment issues. I cannot recommend him highly enough. — J.R., New Haven, CT

    Nina Pirrotti provided outstanding legal advice and was trustworthy, dependable, and responsive. From the start, I was confident that her knowledge and experience would obtain favorable results. On a more personal note, I enjoyed working with her and her staff and felt I was included in every part of the process. The dedication, concern, and interest in me as a client was greatly appreciated, and Nina has earned my highest recommendation. — J.H., Monroe, CT

    Josh Goodbaum truly outperformed my expectations. He was calm and steadfast throughout the entire process. He is a great communicator. Together, we were able to lay out a plan that in the end, not only got myself the outcome I was hoping for, but undoubtedly saved me valuable time and money as well. I cannot thank Josh and his firm enough for coming through for me in this time of uncertainty and stress.  — D.T.

    When I go to a lawyer for advice, I am usually anxious, particularly the first meeting. Amanda DeMatteis was clear in describing my options and immediately set me at ease. Realistic assessment is important, and Amanda was clear as to how to set up the case and the direction she felt we should go. I had total confidence in her abilities and knew I was being well represented against a large corporation. More importantly, we were successful! — N.M., Haddam, CT

    Advocating for Employees since 1977

    American Law Institute Super Lawyers American College of Trial Lawyers Best Lawyers The College of Labor and Employment Lawyers
    Back to Top
    (203) 815-1716