Your boss does not get your diagnosis when you take FMLA.
I hear this question from employees all the time. They need time off for a medical reason, and they worry they have to explain every detail to their manager. They don't.
Here is what you have to share, who sees your medical paperwork, and what your manager is allowed to know.
What you have to tell your employer
You do not have to share your diagnosis. You do have to give your employer enough information to know your leave may be covered by FMLA.
That can be as simple as saying you need time off for a medical reason. You also do not have to say the word "FMLA." The U.S. Department of Labor says employees only need to give enough information so the employer is aware the leave may be covered.
Once you ask, your employer has to tell you whether you are eligible. They must do that within five business days, unless extenuating circumstances get in the way.
Who sees your medical paperwork
Your employer can ask your doctor to complete a certification form. This is how HR confirms that your leave qualifies.
That form goes to HR or whoever handles leave at your company. It does not go to your manager.
Federal rules say employers must keep FMLA medical records confidential. They have to store them in separate files from your regular personnel file.
FMLA gives your manager your work restrictions. It does not give your manager your medical history.
What your manager is allowed to know
Your manager can be told about necessary restrictions on your work or duties and any accommodations you need. Your manager also needs to know you will be out so the team can plan.
A few narrow exceptions exist, such as government officials who are investigating FMLA compliance. A curious manager is not one of them.
You can choose to share your diagnosis with your manager. Some people do, and that is fine. The point is that it is your choice.
How long you have to turn in the paperwork
If your employer asks for medical certification, you get at least 15 calendar days to return it.
If you cannot get a doctor's appointment in time despite real effort, tell HR right away. The rules allow for more time in that situation.
If HR says the form is incomplete, they have to give you seven calendar days to fix it in most cases. If you never return a complete form, your employer can deny the leave. Do not let the paperwork sit.
Does FMLA apply to you?
FMLA does not cover everyone. It depends on your employer and on you.
Your employer is covered if it is a private-sector company with 50 or more employees for at least 20 workweeks in the current or previous calendar year. Government agencies and schools are covered no matter how many employees they have.
You are eligible if you have worked for your employer for at least 12 months.
You also need at least 1,250 hours of service in the 12 months before your leave starts.
And you need to work at a location where your employer has at least 50 employees within 75 miles.
Check your state too
FMLA is the federal law. Nothing in it stops you from receiving protections under other laws. Some states have their own leave laws that give employees more rights than the federal rule.
Check your state labor department's website to see what applies to you.
What to do if your boss keeps asking
Some managers ask because they care. Some ask because they need to plan coverage. A few ask because they are nosy. You can handle all three the same way.
Keep your answer simple. Say you are out for a medical reason and HR has your paperwork.
Send the details to HR, not your manager. Medical information belongs with the person who handles your leave.
Ask HR who can see your information. If you are not sure, ask them directly.
Put it in writing if the questions continue. Send HR a short email saying your manager keeps asking about your medical information.
No HR department? Ask who handles leave paperwork. Give your medical details only to that person.
This post is general information, not legal advice. For your situation, talk to your HR team, your state labor department, or an employment attorney.
Sources: U.S. Department of Labor FMLA page, DOL FMLA employee guide, and 29 CFR 825.500.
Business owners and managers, do your supervisors know what they can and cannot ask?
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