I am posting tonight with a major frustration... 

When I had my lapband in 2009 I was working for a different company. I took 2 weeks of my own time off and didn't have to tell anyone what the surgery was for. I am having my revision surgery on Monday, and since it requires a longer time out, I am using FMLA time to comp my sick and vacation time.

All of my coworkers have seen me vomit with each meal and know I have problems swallowing so I've told them the surgery is to fix that (true, of course, but not the whole truth)...

The only concern I have is that the ONE woman who is our HR "department" is really kind of a gossip and not very trustworthy. A few months ago I went to her about an issue I was having with my supervisor and when I left she called her, immediately to tell her what I said...

Anyway, I had to hand her a stack of papers today that outined every last detail. It listed "disphagia" which is the part I have been talking about, but of course it listed everything else, including "morbid obesity" and "Gastric Bypass". There is no pretending it is anything else, now.

What are her legal responsibilities to keep this quiet? Anything? Or do I have to suck it up and know that when I come back I will be the talk of the water-cooler? I am so frustrated.

Sadly she has no legal responsibilities to keep quiet.  HR's main function is to serve the needs of the business; its loyalty and responsibilities are to the company.  They are not advocates for the employee nor are they subject to HIPAA.  You could hope that she would be discreet with the information and understanding of your desire to keep it confidential.

Wow, I couldn't disagree with you more!!

Legally she may not disclose details of the surgery with anyone, not even her boss! There is no business need for her boss  to know why she is having surgery... She only needs to know that sufficient documentation was provided and that she meets the requirements for FMLA to be off.

Legally, the company can be held liable if this woman discloses private health information (phi)to others and it causea an adverse impact to her career. It's hard to prove, but yes, she is accountable!!!

No, employers are not bound by HIPAA regulations.  Only health care workers are.

Lora

The truth shall set you free.

Don't tell them it was a revision if you don't want to - but share your story.  What are you going to say when you lose 100 pounds after mysteriously being off work for 2 weeks?  People will know anyway.

Tell them on YOUR terms and not via rumor and speculation.

Just my 2 cents.

I am a revision too and it is AWESOME!!!!

Thanks for the advice, Sherrie, but this is a pretty vicious office (you'd totally laugh if if you knew the name of the lovely non-profit I'm working for, haha), but this is not a place where I would get support. It is a place where I would be marganilized and judged harshly. I know I can handle it, but I am really not in the mood to defend my every thought and action about my health choices in an unsupportie environment.

As for the weight loss, my revision is due to all of the complications, not to weight. I am overweight, for sure, but my BMI is 33, so I only have a total of 45lbs total to lose. I don't think anyone would assume that I am eligible for an RNY.

But if she is noisy about it, I may have to tell, anyway. Not the end of the world, but not my first choice.

I would remind her that it confidential medical information that is protected under HIPPA (i.e. the health insurance portability act) and should not be shared.

But why do you have tell her at all. Why not say it is an operation that is of IMMEDIATE medical necessity.

As a HR rep she keep needs to keep this under wraps as it is a HIPPA and HITECH medical issue. She is not allowed to share any info about medical issues of employees, and if she does, she is not handling her job properly. I would specifically ask that she not volunteer any information to others as this is your medical history and if you personally feel like sharing to others you can do so.

Sorry, I'm in HR and this kind of gossip is unacceptable.

Good to know! I find her very unprofessional, but I am not sure that she would violate a real "rule". 

We work in different offices so I faxed the papers without talking to her, but I guess I can call her today and remind her to shut up... ;-)

Right. And what are her options should the person become a gossip queen.

Sometime an ounce of prevention "You know this is confidential health information and should anyone see this information and word get out around the office, I understand it is within my rights to sue the individual AND the company..." is worth a pound of cure.

Ya know?

Some types of peopel have to be cut off at the knees BEFORE they can even take their first step.