Legal Question in Medical Leave in Georgia

Fmla & hippa

I understand the use of FMLA My question is how specific does the description of why have to be? Can it say for example ''abdominal Surgery'' or does it have to say specifically the kind of surgery I am having. I feel that specifically naming the type of surgery violates my rights under HIPPA?


Asked on 8/25/03, 9:23 pm

1 Answer from Attorneys

Jeff Kent Kent & Merritt, P.A.

Re: Fmla & hippa

Generally, putting your employer on notice that you may need leave will be enough to shift the burden to them. They should give you a medical provider's certification form, and your doctor should fill it out. The information provided by your doctor need not disclose the particular surgery needed, only that the leave is needed, that you are under continuing treatment of a medical provider (or will be an inpatient in a hospital) and the expected duration of the leave needed. If you are uncomfortable having the exact reasons for the surgery listed on the form, be sure to tell your doctor about your concerns so that the form will be filled out properly.

The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied. Consult your own attorney before taking legal action.

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Answered on 8/26/03, 7:30 am


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