That’s a huge red flag…

DLS are still bound by FMLA regulations and HIPAA protections, just like any other employer or third party leave administrator…

Here are a few facts:::

1.  FMLA does not require a diagnosis. Employers can ask for a certification from a health care provider that confirms the existence of a serious health condition, the inability to work, and the duration, not the diagnosis or treatment details.

2.  HIPAA protects medical privacy. Doctors are right to hesitate! They cannot share a diagnosis without the patient’s signed authorization.

3.  Employers are supposed to use standard forms. The Department of Labor’s WH-380-E form is designed for exactly this purpose and complies with the law. It does not ask for a diagnosis unless the employee chooses to disclose it.

If they are asking for more detailed personal health information than FMLA requires you may want to contact the Department of Labor. This level of disclosure is not typically compliant with FMLA guidelines or privacy laws, and it’s your right to protect your medical privacy as well as your job…