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FMLA and HIPPA Wisconsin

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  • FMLA and HIPPA Wisconsin

    What information is an employer entitled to know under WI HIPPA laws? Although I've never used it, other employees tell me(union committee member) that HR requires very intimate details about an injury/illness before granting FMLA. This will usually involve at least two visits to a doctor to have more info filled out on paperwork,(which the employee has to fork over co-pay for) and numerous headaches because t's aren't crossed and i's arent dotted. On a side note, I seem to remember being forced to sign a release form granting the employer rights to this information, or I wouldn't get the company insurance benefit. When I accessed my personnel file, this form was mysteriously absent. I don't know if this is the right forum, but thanks in advance for a response.

  • #2
    As far as employers and HIPAA goes, the ONLY limitation that applies is health information an employer may obtain through their health plan(s). Any and alll medical information that the employee tells their employer, that the employee may bring in on doctor's notes, supplies on leave and FMLA forms, STD forms, etc., etc. fall into the category of employee records. HIPAA has nothing to do with any of those.

    HR/an employer is legally entitled to all informaition necessary to determine whether an employee's (or a family member's) situation meets the requirement of a "serious health condition" under the FMLA.

    No release form signed by the employee is necessary for any of this.

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