When a doctor gives employee a return to work with restrictions, who is allowed to see the actual form? In other words, is only the designated FMLA coordinator or can the supervisor see it also?
Posted 08-19-2015
Ann Kiernan replies:
The FMLA regulations, 29 C.F.R. §825.500(g), say that:
Records and documents relating to certifications, recertifications or medical histories of employees or employees’ family members, created for purposes of FMLA, shall be maintained as confidential medical records in separate files/records from the usual personnel files… except that:
(1) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of an employee and necessary accommodations
[.]So, supervisors have a right to know if a returning worker has medical restrictions or needs reasonable accommodations for a disability, but not to see the underlying medical records.
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.
