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I need to take short term disability and wanted to know if I even have to tell HR why or disclose my condition to them? If I do can they tell my boss? I do not want anywone to know why I am taking a leave. Thanks

2007-12-06 05:48:36 · 4 answers · asked by miss cali 1 in Politics & Government Law & Ethics

I Am in Pennsylvania

2007-12-06 06:00:50 · update #1

4 answers

Depends on the laws of your country, and you don't tell us where you are.

EDIT - to poster...

In the US the employer is entitled to determine whether your request for sick leave / STD / FMLA is valid before he grants it. "Who" in your company you have to tell, and "who" gets to make the decision, is entirely a matter of company policy.

In some firms HR does it and will then tell the employees supervisor that she'll be out for so long a period, in some - in mine for example - HR does a package for the supervisor, who makes the decision, and in others the employee makes the request of her supervisor, and he passes the paperwork to HR after he approves it.

Ask your boss or your HR department what the procedure is in your company.

EDIT - In response to tikitiki.....
First, HIPAA *only* applies in the US, and nothing in the question says that she's in the US.
Second, HIPAA *only* applies to medical providers and insurance companies. It doesn't cover employers. Also, in the US, an employees manager is allowed to require that he be told the reason for sick leave, STD, or FMLA leave before he grants it.

That the paperwork is handled by a companies HR department doesn't take away the fact that it's the Manager that has the right to approve or deny the leave. If it's a leave that the employee is legaly 'entitled' to (FMLA leave, for example) then he's opening himself up to a lawsuit if he wrongly denies it, but it's still his job to make that determination.

I've linked to a HIPAA brochure below.

Richard

2007-12-06 05:51:50 · answer #1 · answered by rickinnocal 7 · 1 0

Everyone is big on that HIPPA or whatever it's called. I remember when someone went out sick for a period of time, we were NOT allowed to talk about it or even specualte about it. Talk to HR, and tell them it's personal/private and you don't want it spread about, and ask if they have to tell the manager. I don't think he has to know the reason for you being out sick though. HR will most likely need to know why though because of the STD paperwork and such.

2007-12-06 05:54:07 · answer #2 · answered by tikitiki 7 · 0 0

With the HIPAA law you are not required to disclose the spacific medical issue. Also, if you do chose to disclose the information, it is illegal for the person you tell - no matter who it is - to discuss it with anyone else. Just state personal medical reasons. Only you and your medical contact need to know the details of your illness.

2007-12-06 06:59:36 · answer #3 · answered by buggerhead 5 · 0 0

NO...they are not allowed to disclose anything regarding your health just that you will be out for X days and returning on Y date.

2007-12-06 05:54:38 · answer #4 · answered by lahockeyg 5 · 1 1

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