Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

On October 20, 2007, Keith Chrestionson and Alex Hernaez of Kauff McClain & McGuire LLP presented in San Francisco on FMLA.

They noted that in California employers should be wary of using the FMLA form when an employee requests for leaves.  It would be considered a misdemeanor. 

Also, in California the employer should be wary about going to the employee’s doctor to ask about an employee’s medical condition.  Because California is more protective of privacy, the doctor is unlikely to provide any information in any case. The employer should ask the employee for permission first.  There are constitutional laws to privacy on top of HIPAA and other privacy laws.  The employer should ask the employee to authorize a release of information. 

If the employer needs the employee’s medical information for accommodations, the medical provider will likely only provide the accommodations information and not information on medical conditions.  In workers compensation cases, the employer should not be the workers compensation administrator at the same time.  The medical information should not be put into an employee’s personnel files.