Expert: Thomas R. Ballas - 10/1/2009

Question
i need to go on fmla to handle numerous medical and mental health issues, but i do not want to reveal any information to my employer or supervisor.  how much do i have to reveal?    and why do they have to approve it before i take it, i have a clear need but it gets denied.

Answer
Broken:

FMLA provides for leave for medical issues.  In order to qualify, your Doctor must fill out certain forms about your medical needs.  These forms are submitted to your Human Resource dept and by law, they are required to protect your medical information.  They should not inform your supervisor, and if I were you I would specifically tell the HR Director I do not want ANYONE to know ANYTHING about my condition.

Your Doctor has to answer the questions on the form.  The diagnosis, how long you will be out, etc.  If you qualify for FMLA, approval by the Company is a mere formality, but they are entitled to know certain information in order to see that the work you do is done while you are out.

If they are denying you the leave, and you meet the criteria for qualification, then you should contact the DOL.  

http://www.dol.gov/esa/whd/fmla/NPRMfaq.htm

Tom Ballas