What documentation, if any, is HR required to share with supervisors about employee's on LOA?

I am the Payroll Supervisor/Human Resource individual for two convalescent hospitals in California and my Supervisor, the Administrator of the corporate office facility, would like me to cc supervisors on all notices sent to their employee's who are on protected leaves of absence, to keep them abreast of timelines and when to expect their employee's back. Isn't this illegal, as this is protected information between Human Resources and the employee? Human Resources should only be advising the supervisor of approximate or definite dates of return, correct? Please advise. Thank you very much.

2 answers  |  asked Sep 2, 2009 11:08 AM [EST]  |  applies to California

Answers (2)

Arkady Itkin
You may inform other employees or management of the employee's leave of absence, but you must neither ask the employee seeking leave for the exact reasons/diagnosis of the medical condition necessitating leave nor disclose such condition, if known to you, to other employees or management in teh company.


Arkady Itkin
San Francisco Employment Lawyer

posted by Arkady Itkin  |  Sep 2, 2009 12:05 PM [EST]
Elisa Ungerman
Whether it be HR, or another Department within the Company - you are all part of the "The Company" and communication within the Company is important to ensure that Company EEs are treated according to the law. If the supervisor's don't know about the protected leaves - how can they possibly operate their department and ensure they are doing the right thing visa vis the employee. There is no "HR" and EE privilege that I am aware of, unless the information itself is protected by specific privacy laws, such as specific medical information or payroll information. The mere dates of protected leave is not one of those areas. HR should be coordinating between the EE and the workplace so that everything operates smoothly and everyone is on the same page regarding the protected leave time periods. If time periods change - it is up to HR as the interface, to inform those in The Company what is going on as well as the EE.

Having said that, I personally think it is inappropriate, intrusive, and unnecessary to CC all communications to an EE to a supervisor or other Company official, and may make the EE feel uncomfortable. I think memos or emails to the others with a need to know in The company suffice and give them what they need to know without information that they don't have a need to know.

posted by Elisa Ungerman  |  Sep 2, 2009 11:57 AM [EST]

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