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Dear (Supervisor / HR Manager): Please be advised that I hereby request an FMLA leave for a period of (number of weeks) in connection with my serious health condition. The leave is to start on (date). Attached is my medical note reflecting the need for FMLA leave.
Although district courts conflict on whether a disclosure of an employee's medical information constitutes an interference claim under FMLA, the Court finds that enforcing labor regulation makes clear that confidentiality of medical information is a right provided by and protected by the FMLA. Citations Omitted.
In Tennessee, employees are entitled to time off work under state law and the federal FMLA. By Lisa Guerin, J.D. Like employers in every state, Tennessee employers must follow the federal Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid leave for certain reasons.
The FMLA and the ADA provide employees with the right to the confidentiality of their medical information. Employees who find their rights infringed upon may choose to, and have the right to, pursue the matter in court.
In general, when an employee is out, we recommend informing coworkers only that the employee is on a leave of absence. The reasons for the leave are not any of the coworkers' business, and the employee might not want the reasons known by others.
Make the initial request by talking to your immediate supervisor about it. Fill out the paperwork your human resources department requires to make the leave official. Discuss the absence with your supervisor before sharing it with your colleagues and co-workers. Your boss shouldn't be the last to know.
Paid Family Leave provides an employee with up to 30 work days (typically 6 weeks) of leave to take care of a spouse, son, daughter, or parent who has a serious health condition.
According to Tennessee law, any employee who has been employed as a full-time employee for at least 12 consecutive months may take up to four months of leave for pregnancy, childbirth, nursing of an infant, or adoption of a child (defined as beginning at the time employee takes custody of the child).
While the employee is on leave, an employer can ask the employee to provide status updates, including asking the employee to obtain a second opinion regarding her condition. The caveat is that you may only ask the employee; you cannot ask anyone else about a particular employee's leave.