Can a boss tell a room full of people that a sick employee qualifies for FMLA but hasn’t submitted the paperwork yet?

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Can a boss tell a room full of people that a sick employee qualifies for FMLA but hasn’t submitted the paperwork yet?

A boss held a community meeting and told over a dozen people that a sick
employee qualifies for FMLA but has not submitted the paperwork yet. Is this
legal?

Asked on June 12, 2018 under Employment Labor Law, Oregon

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, an employer can do this. While unprofessional it violates no laws although it may breach the terms of a union agreement or employment contract, if any. Otherwise, there is little right to privacy in the workplace. In fact, a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). 


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