As a manager or supervisor, may I tell an employee’s direct supervisor at my company or organization if I know for a fact that the employee has pandemic influenza?

The Americans with Disabilities Act (ADA) allows employers to share employees’ otherwise confidential medical information in limited circumstances.  One of these exceptions allows an employer to disclose an employee’s medical information to her supervisor(s) and/or manager(s) where necessary to meet an employee’s work restrictions. 

In the event of an influenza pandemic, an employer may alert a supervisor of an employee’s pandemic illness so that the supervisor can implement necessary work restrictions for public health and safety reasons.   (See the U.S. Equal Employment Opportunity Commission’s publication, The ADA: A Primer for Small Business, pp. 10-11, for additional information.)

Note: As an overall matter, employers should be guided in their relationship with their employees by federal, state, and local employment law, and by the company-specific application of these laws as reflected in employee handbooks, manuals, and contracts (including bargaining agreements).

Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies.  For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information.  This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.

Last Reviewed: 09/01/2011

• May employers ask employees if they have children or other family members for whom they may need to take care of in the event of a pandemic (for example, if schools were closed)? May they be asked if they have someone else who can take care of these family members? May this information be shared with supervisors and managers?
• May employers ask employees if they may have a higher risk of infection, for example, a compromised immune system?
• May and employer ask for employees' personal contact information, such as phone numbers, email addresses, or contacts where they may be if caring for family members? Can that information be shared with with other employees?

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