According to the U.S. Department of Labor FMLA (website Q&A), any employer with 50 or more employees must provide any eligible employees up to twelve (12) workweeks of unpaid leave during any twelve- (12)-month period for one or more of the following reasons: 1) for the birth and care of the newborn child of the employee; 2) for placement with the employee of a son or daughter for adoption or foster care; 3) to care for an immediate family member (spouse, child, or parent) with a serious health condition; or 4) to take medical leave when the employee is unable to work because of a serious health condition.

FMLA does not require paid time off. The law permits a worker to choose, or the employer to require the worker, to use accrued paid leave, such as vacation or sick leave

Employment records that are generated outside the health plan for employment-related purposes, do not fall under HIPAA's regulation. This includes records generated and maintained for the purposes of FMLA compliance. However, employers are under HIPAA's view because of their role as employee health plan sponsors. Also, an employee's health care provider will probably be a covered entity, which means the provider must comply with HIPAA before disclosing any information (Fisher and Phillips website).

The HIPAA Privacy Rule is the first comprehensive federal protection for the privacy of personal health information. According to the Department of Health and Human Services (HHS) (website), the Privacy Rule standards address the use and disclosure of individuals' health information, called "protected health information" by organizations subject to the Privacy Rule, or "covered entities," in addition to standards for individuals' privacy rights to comprehend and determine the use of their health information. The Office for Civil Rights, within HHS, has responsibility for implementing and enforcing the Privacy Rule. Every employer, regardless of size, that offers a group health plan to its employees is impacted by HIPAA and must determine its compliance obligations, even though an insurance company administers those benefits.

An employer is permitted, but not required, to use and disclose health information without an individual's authorization for the 1) Individual; 2) Treat

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