Intermitent FMLA denied!!!!!
Mar 1, 2006
I am an HIV+, I had submitted a request for intermitent FMLA with the Medical Certification, Human Resources denied it becasue there was no diagnosis stated on the medical certification form, Is it required to disclose HIV status to get this approved? and if it is where our right to privacy go? Thank You for your time...
Response from Ms. Breuer
The FMLA application does not specifically ask for a diagnosis. It asks you to identify the type of problem in a set of broad categories. Your HR department does not need the diagnosis. Please approach the person at your physician's office who completes insurance forms and ask for his/her help. They see FMLA forms all the time, and have probably encountered misinformed HR professionals who think the form should have a diagnosis on it. The HR person is risking a big fat fine for asking. Perhaps the insurance person in the provider's office can help him/her understand that. Don't give up. FMLA leave is too important to be left to someone who doesn't understand the law.
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