Is it legal to be asked about FMLA taken at former job?

I have a potential employer who really likes my qualifications , says I'm what they need but the Fmla I took on my former job, taking care of my parents, is making them leary. They are wondering what the chances are that I'd have to do that again are...they are worried. Is it legal for a new potential employer to ask me about my former FMLA in such detail? Is it legal to not hire me just because of that? Isn't is condidered something like the prvacy act? Plus..who can really answer if they are gonna be on this earth tomorrow? I know for a fact if I don't get this job, that is the reason...they've made it pretty clear. Should I have not put it on my resume? if not..whay should I have put? Any help would be great! Thanks!

Brian G

Since you brought it up in your resume, they can legally consider it in their hiring process. An employer can't fire you for taking the leave, but there is no law preventing them from considering your past employment history. If you don't get this job, revise your resume and drop that part.

Dan

You should not have anything that is not work related on your resume. The reason you took FMLA and why is not work related under the law. Now that you have brought it out, there is no reason not to inquire, but they aren't allowed to take it into consideration. But be sure that they will. Can you PROVE that they took it into consideration. Probably not, and they want to hire you. So, be honest. That's what attracted them to you in the first place probably.

fancy

first never tell them of past fmla leaves or anthing like that or any of your medical problems u may have it really is none of their concern and really who knows what the futrue hods

hrgirl1701

FMLA is legally protected medical leave which you were entitlled to take. Asking about your personal medical history is a violation of HIPPAA privacy laws, so no...they do not have the legal right to ask you what the FMLA was for, nor can they refuse to hire you based on past leave taken.

This is an illegal interview question and you should handle it as follows:

1. Let them know that you took the FMLA for medical reasons which you are not comfortable revealing, but that you are a dedicated, qualified employee who will not have any attendance problems.

2. If they refuse to hire you because of continued concerns, contact the Texas Workforce Commission IMMMEDITELY! Let them know you were asked some personal HIPPAA portected questions in regards to FMLA and you feel that they were discriminating based on a protected right. They will do an investigation and may give you a right to sue notice.

Mel

You should not put this on your resume or an employer will consider it fair game for discussion. If asked about a gap in employment, simply indicate that you took time off for personal reasons and leave it at that.

Unless you are interviewing with a health care provider, health care insurer, or third party health plan administrator, the employer is probably not subject to HIPAA privacy laws. However, the right to take FMLA leave is a protected right and an employee cannot be discriminated against for exercising that right. I would not question someone extensively in an interview about this topic, or make it clear to them that if they didn't get the job, that was why.

If you don't get the job, talk to someone at your local department of labor (follow the links at www.dol.gov to locate an office close to you.) You may also want to check with the equal opportunity employment commission (www.eeoc.gov) which investigates claims of discrimination in hiring. Both of these agencies can file a claim on your behalf at no cost to you.

Good luck to you.

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