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Post by munster05 Wed May 18, 2011 8:33 am

Does anyone know if FMLA leave shows up in a a background check that an employer would request and how much detail it would contain ? I am scheduled for a 3rd interview tomorrow for a position. I did have some anxiety issues back in Nov 2011 where I needed to use some FMLA to deal with it. I am now 100% but was wondering what a potential employer would see relative to this in a background check and if it could potentially hurt my chances of employment.

Thanks !!!

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Background checks Empty Re: Background checks

Post by Guest Wed May 18, 2011 8:48 am

munster05 wrote:Does anyone know if FMLA leave shows up in a a background check that an employer would request and how much detail it would contain ? I am scheduled for a 3rd interview tomorrow for a position. I did have some anxiety issues back in Nov 2011 where I needed to use some FMLA to deal with it. I am now 100% but was wondering what a potential employer would see relative to this in a background check and if it could potentially hurt my chances of employment.

Thanks !!!

Ethically, a former employer cannot release that information. You are protected under HIPAA. When you took your leave of absence, I'm sure you had to sign a consent form in order for your doctor to release the information to your employer for FMLA purposes. The employer cannot disclose this information to anyone else.

If your leave made you eligible for Workers' Comp any potential employer could get access to that information.

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Post by munster05 Wed May 18, 2011 10:39 am

Thanks for the information .....if my FMLA ran concurrent with Short Term Disability Benefits, would they be able to see that ? It was not workers comp...It was short term disability in which we pay for out of our check each week..kind of like insurance in case you need to use Short Term concurrently with FMLA.

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Post by Guest Wed May 18, 2011 10:45 am

munster05 wrote:Thanks for the information .....if my FMLA ran concurrent with Short Term Disability Benefits, would they be able to see that ? It was not workers comp...It was short term disability in which we pay for out of our check each week..kind of like insurance in case you need to use Short Term concurrently with FMLA.

Rhode Island has a similar short term disability program. The employer may have access to the fact that you were paid under a state operated disability program, but again, they cannot access the reason for your leave. Medical records are private unless you consent to release them.

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