HIPAA's Potential Impact On FMLA Certification

Law360, New York (January 27, 2011, 1:05 PM EST) -- The Family and Medical Leave Act entitles eligible employees of covered employers to take unpaid, job-protected leave for certain family and medical reasons. These medical reasons include the "serious health condition" of an employee's spouse, child, or parent, or the "serious health condition" of the employee that prevents him/her from performing the essential functions of their job.

In order to assess whether a covered individual has a "serious health condition," an employer can require sufficient medical information to support an employee's request for family and medical...
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