When to avoid disclosing reason for employee’s leave of absence

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   As your question correctly identifies, there are restrictions on disclosing internally the reason for an employee’s leave of absence. Under the Americans with Disabilities Act (ADA), any information regarding an employee’s medical condition that an employer obtains as part of an examination or inquiry into a disability could constitute a confidential medical record that can be disclosed only in limited circumstances to certain individuals. The Equal Employment Opportunity Commission (EEOC) has argued any information concerning an employee’s medical condition should be kept confidential.

This means it’s better to err on the side of confidentiality and vagueness when disclosing internally the reason for an employee’s leave of absence. A specific reason—such as “diagnosed with COVID-19”—would be inappropriate because it should be kept as confidential as possible. Similarly, even the examples of high-level reasons such as “employee health condition,” and “pregnancy/maternity” would be inappropriate to use if everyone in the company can access the HR software and see the reasons. But, if access to the software is limited to the few people within the organization who need to know the information, it’s okay to include high-level reasons for leaves of absence.