Employers obtain employees’ medical information for various reasons, such as verifying a reasonable accommodation request, certifying leave or confirming eligibility for disability benefits. At the federal level, there are several laws restricting when employers can ask for employees’ medical information and requiring employers to keep such information confidential. These laws include the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Genetic Information Nondiscrimination Act of 2008 (GINA), and the Health Insurance Portability and Accountability Act (HIPAA).
The ADA is the main federal law that protects employees’ medical information in the workplace. The ADA limits when covered employers can request employees’ medical information (or require medical examinations) and broadly requires all employee medical information to be kept confidential, regardless of why the information was provided. To comply with the ADA, employees’ medical information should be maintained separately from personnel files and only accessible to authorized individuals.
State and local laws may impose stricter confidentiality requirements on employees’ medical information. Employers should be familiar with the laws for the locations where employees are working and adhere to the strictest applicable requirements.
Related Blogs
Benefits+
PUBLISHED
March 18th, 2025
Systematic Workplace Wellness is the Key to Beating Burnout
Breanna Evans and Matt Mishkind, PhD
The modern American workforce is grappling with significant work-related stress. A recent study from the American Psychological Association found that 77 percent or more ...
Read More
Benefits+
PUBLISHED
March 4th, 2025
What’s good for the environment may not be good for your 401(k) participants
Doug Prince
We’ve had a number of questions from clients about adding environmental, social and governance (ESG) investments in their retirement plan. To date, the law ...
Read More
Benefits+
PUBLISHED
February 7th, 2025
Medicare Part D Disclosures due by March 1, 2025 for Calendar Year Plans
DeAnn Deck
Group health plan sponsors are required to complete an online disclosure form with the Centers for Medicare & Medicaid Services (CMS) on an annual ...
Read More
Benefits+
PUBLISHED
February 3rd, 2025
Balancing Progress with Nonprofit Executive Compensation
Julie Bingham
The median executive pay for nonprofits has risen steadily since 2018. However, due to disparities within the sector, the prominence of short and long-term ...
Read More
Benefits+
PUBLISHED
January 15th, 2025
New Colorado FAMLI Rules Include Employer Penalties
The MJ Companies
The new rules address the coordination of FAMLI with other benefits and establish penalties for violations. The Colorado Department of Labor and Employment recently ...
Read More
Leave and Absence Management
PUBLISHED
January 7th, 2025
Integrating Leave Plans
Courtney Hutchison and Brycie Wasson
In November of 2020, employees in Colorado demonstrated via a state-wide ballot the value they place on the ability to access paid leave from ...
Read More