Q - A: Best practice: Don't disclose reason employee is on 'approved leave of absence'

Q Are there restrictions on internally disclosing 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." Generally, all employee medical information must be kept confidential under the Americans with Disabilities Act (ADA). The definition of medical information is extremely broad and may include voluntarily disclosure of an employee's medical information. As a result, the information must be collected and maintained on separate forms and in separate medical files. The requirements also apply to computerized files.

In limited circumstances, medical information may be provided to appropriate decision makers, e.g., those involved in employment decisions. Additionally, the employer may share the information to determine a reasonable accommodation for an employee.

The Equal Employment Opportunity Commission (EEOC) continues to crack down on employers that allegedly violate the ADA's confidentiality provisions. In such cases, an employee doesn't even need to make a showing of harm to prove the employer violated the Act's confidentiality provisions.