Is it against hippa law for employer to ask for diagnosis and prognosis for my flma?

UPDATED: Sep 30, 2022

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Is it against hippa law for employer to ask for diagnosis and prognosis for my flma?

I work for tsa

I need time off to take care of my mother out of state
She is going through chemo.

Asked on May 16, 2017 under Employment Labor Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

They cannot ask for the diagnosis and prognosis, but can ask for when you expect to be back: that question reflects a legitimate business or employment interest (e.g. scheduling, planning coverage and staffing, etc.) and does not intrude on any protected medical privacy rights. Also bear in mind that you only get 12 weeks maximum under FMLA; if you are out longer than that, you may be terminated for absenteeism.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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