• Employers are required to keep certain medical records pertaining to FMLA leave, and to keep them confidential.

In addition to records with various personnel information, employers must keep a second type of record relating to medical certifications, recertifications, or medical histories of employees or employees’ family members. The Family and Medical Leave Act (FMLA) requires medical records be kept strictly confidential and kept in separate files from employee’s personal information.

Limited exceptions exist:

• Supervisors or managers may be informed of necessary work restrictions and applicable accommodations;
• First aid and safety personnel may be informed if the employee’s physical or medical condition might require emergency treatment; and
• Government officials investigating FMLA compliance (or other pertinent law) must be given relevant information upon request.