I have an intermittent absence leave covered under FMLA (I can leave early or miss work entirely based on my needs). I had to leave early a few weeks ago and my supervisor announced that I needed to leave over the walkie talkie. She was directing her comment to another of my supervisors, but since she used her walkie, the whole store could hear it. She could’ve spoken to the other supervisor in private. Was this a violation of my privacy?
Rita Risser Chai Replies:
It depends on what the supervisor said. If all she said over the walkie talkie was that you were leaving, that’s not a violation of privacy because any of your co-workers could observe that you were leaving work. If she said you were leaving for FMLA or medical reasons, potentially it could be a violation. If she announced your diagnosis, that is likely to be a violation of HIPAA. Good luck.
Posted 04-22-2020
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