Human Resources/FMLA

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Question
1-office manager
2-virginia
3->2,500
4-employee
5-I have worked for this company for 14 yrs and was fired.(another story)  I am currently looking for new employment.  My main question has to do with my FMLA.  Today during on of the reference calls, they asked about my absenteeism.  All of my missed days were directly related to my medical condition that was under FMLA.  None of the references I gave told them about my missed days. So, can the office manager or HR tell them I missed days as long as no medical info was given? or can they not say anything at all since it was under FMLA?  
I had only missed 2 other days that year not related to FMLA.

Thank you so much,

Suzanne

Answer
Suzanne,

Without being there, of course it is hard to say why the question came up or what could have been said.   So, let me offer a few different perspectives.

1-  FMLA only protects job and employment status.  It doesn't go into issues like HIPAA which covers confidential health information.   Employers, generally, are not under this umbrella.

2-  typically,  even IF  a hiring company wants to do reference calls, they will only ask for three things:
a-  what were the dates of employment- start to end.
b- what was the rate of compensation and job title and responsibility ( What did they do there)
c- is this person eligible for rehire if they applied again?  Why?


So, I would not be too concerned.  Most people in HR know enough not to hang out dirty laundry about past employees and go into details,  but this is not everyone.  Overall,  just look for new work and don't look back.     It is very competitive and if you think every job you dont get hired for is because someone is telling stories about you, then you will have a lot to struggle with.


As far as an interview goes,  in your next interview you are NOT  obligated to volunteer any information about your personal medical history.  Also, the person doing the interview should know it is not smart to ask anyone about their medical history before getting a job offer as it is risky and can be considered discrimination against potentially "disabled" people.

I hope this helps you.

If anything else, just ask...

Brian-
and remember to rate the answer....

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Brian Phillips

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Foreign and US university students -*PLEASE*- DO NOT waste your time asking for my opinions, comments or analysis of your homework questions. Homework questions are not answered and are rejected. I am happy to help answer questions asked by employees and employers regarding United States based state and Federal wage and hour, OT, Fair labor standards, FMLA, COBRA, Recruiting, Interviewing techniques, employee manuals, discipline, terminations/quits, unemployment, HRIS rollout, Employee Leasing or Staffing company cost analysis, day to day scenarios, work situations and more. Essentially a well rounded HR generalist who operates Harvis, Inc., a human resource consulting and service business based in Northeastern Pennsylvania "NEPA". http://www.harvis.org

Experience

At Harvis, Inc., we provide Human Resource products, services and advice to small businesses that may not have the time or resources to hire a full time HR department. For larger companies with HR managers in place, we compliment their expertise to help with time consuming or time sensitive projects like updating policy manuals, screening and interviewing and more. We make workplaces better by becoming that 1/2 person they need to help handle HR responsibilities on a daily, weekly or monthly basis. Formerly responsible for all Human Resource activity for a staffing agency with 2,500 annual employees as well as an employee leasing / PEO business with 1,500 annual employees. Designed and implemented the HR structure to support hundreds of clients in excess of $ 500 million in payroll volume over career in Human Resources.

Organizations
* President 2006- Harvis Inc. HR Services * President 2010-13 Business Association of the Greater Shickshinny Area - Shickshinny PA * President 2013- ShickshinnyForward Not for Profit Community Long Term Revitalization Organization and former member of varios Chambers of Commerce and HR Taskforce, former President of NBC Business Club 2 years

Education/Credentials
Bloomsburg University - 1993 BS Marketing, Bloomsburg Pennsylvania and Luzerne County Community College - 1991 Business Administration, Nanticoke Pennsylvania

Awards and Honors
* Better than average - 20/10 vision * Bestowed with an occasional "Thank You" from clients and their employees.

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