I have an intermittent absence leave covered under FMLA. I had to leave early a few weeks ago and my supervisor announced that I needed to leave over the walkie talkie. She was directing her comment to another of my supervisors, but since she used her walkie, the whole store could hear it. She could’ve spoken to the other supervisor in private. Was this a violation of my privacy?

Ann Kiernan replies:

It depends on what she said. If she simply announced “Suzie Q is leaving at 2:30”, I don’t see a problem. If, however, she said something like “Suzie Q is leaving at 2:30 because she says she has another migraine and has to take FMLA”, that’s something else. Under the FMLA, supervisors are entitled to know when someone is taking FMLA, but not all of the medical details.

Even if it was not illegal, it certainly was insensitive. You might want to talk to HR about how any future FMLA leave should be communicated among managers. Good luck.

Posted 05-26-2020

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