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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 56863
Experience:  Licensed attorney helping employers and employees.
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I have been out on FMLA approved leave weeks being treated

Customer Question

I have been out on FMLA approved leave for three weeks being treated for major depressive disorder and gambling addiction. I was contacted by a colleague who informed me that I was being discussed in a manager's meeting amongst ten other managers. I am also in a management position. Specifically, one of my colleagues blurted out that she heard that I was on leave because I was having financial challenges and that I was having trouble paying my monthly expenses. My boss was present in the meeting and instead of stopping this, when she finished, he announced, "whatever is said in this meeting stays in this meeting". I spoke with my doctor who stated that she thought this was a violation of my privacy. This led me to contact HR and file a formal complaint. HR responded and told me that they would have my boss "look into this" and get back with me but in the meantime, if my doctor and I felt that I could return before my return to work to date to let them know and they would consider providing accommodations. This was an unbelievable response as I clearly communicated to them that I was experiencing an overwhelming sense of shame and that I was uncomfortable facing my peers or my boss. I also was appalled at the fact that they were redirecting me back to my boss, who was in the meeting and did nothing to protect my information. When I expressed this level of concern to HR, I received a call from the Senior HR Consultant who assured me that HR would be involved. This happened seven days ago and I received a call today that this is still under investigation. I am wondering what my rights are and what would be the best way to proceed? At this time, I am still on medical leave with an anticipated return to work date of 11/1/15. Thank you for your time and I hope to hear back from you soon.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.

reviewing the facts. at this point what outcome are you seeking?

Expert:  Infolawyer replied 1 year ago.

Keep in mind the company cannot discriminate or retaliate, has to protect privacy and allow return once ready and able to return to work.

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