Answers to your leave questions

Q         Are there restrictions on disclosing internally the reason for an employee's leave of absence if we use a high-level reason? The reasons we use in our HR software include "employee health condition,” "baby bonding," "personal leave," "pregnancy/maternity," and "active duty.”

A   In some cases, yes. Depending on the source of the information, disclosing medical or health-related reasons for an employee’s leave of absence could be a violation of the employee’s privacy rights under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Thus, the better practice would be to use a broader, more general term to designate all types of medical or health-related leave.

Q         Can we prorate annual bonuses based on time away from work because of leaves of absence? Can we be more generous in prorating bonuses for Family and Medical Leave Act (FMLA) leaves and less generous for non-FMLA-eligible personal leaves?