Under PIPA, while you may need to collect, use and disclose certain personal information, you must, according to privacy legislation, explain the reason for collecting the information and how it may be used or disclosed (see: A Guide for Businesses and Organizations on the Personal Information Protection Act). PIPA balances an individual’s right to have his or her personal information protected, and an organization’s need to collect, use or disclose personal information for purposes that are reasonable. Section 3 of the Personal Information Protection Act (PIPA) covers the collection, use, and disclosure of personal information. Without consent, such information would only be released in exceptional circumstances. In Alberta, the Freedom of Information and Protection of Privacy Act (FOIP) section 17 provides that the disclosure of some personal information, including medical information, is presumed to be an unreasonable invasion of privacy. But employers also have the right to know about their employees’ illness or disability, and have the right to seek medical information in order to provide appropriate accommodation. Employees have the right to keep their medical information confidential and private. Requesting medical information from employees may raise privacy issues. The California Department of Fair Employment and Housing (DFEH) is responsible for enforcing California’s employment laws, and the Equal Employment Opportunity Commission (EEOC) enforces federal employment laws.How can we balance an employer’s right to know about illness or disability and an employee’s right to privacy? Photo by Kindel Media from Pexels They can advise you on your legal options and help you file a legal complaint with the appropriate government agency. If nothing changes despite your complaints, you may need to consult an Orange County employment law attorney. Try to resolve the issue informally, such as by speaking to your supervisor, but if you feel uncomfortable doing so, follow your company’s complaint process. If you believe that your employer has retaliated against you for using sick time, you may have legal recourse. Retaliation, for example, can take many forms, such as demotion, reduction in hours or pay, termination, or other adverse employment actions. It is illegal for an employer to harass, retaliate or discriminate against an employee for using sick time as long as it was taken for a legitimate reason and was used in accordance with company policy and applicable laws. Can an Employer Retaliate Against Me for Using Sick Time? After your paid sick leave hours have run out, you can still take unpaid sick leave, and you may still be protected from losing your job under California and federal leave laws like CFRA and FMLA. However, employers can cap it at 24 hours or three days (whichever is greater) per 12-month period. This leave can be used for the employee’s own health needs or to care for a family member. Employees are entitled to accrue at least one hour of paid sick leave for every 30 hours worked. Most California employers are required to provide their employees with paid sick leave. Therefore, if you feel uncomfortable disclosing information about your illness or injury, you can simply state that you are sick and cannot come to work. Medical information is considered personal and confidential, and an employer must respect an employee’s privacy. This means you do not have to give details on your medical history, diagnosis, or treatment unless you consent to it. For example, if you call in sick, the employer may ask for the expected duration of absence, your ability to perform their job duties, whether you are under medical treatment or supervision, and to produce a doctor’s note if it will be more than one day.Īn employer cannot require employees to disclose specific medical information about their illness or condition. However, there are limitations to the type and extent of information that an employer can request.įirstly, an employer can only ask for information relevant to the employee’s absence from work. In general, employers have the right to inquire about an employee’s absence from work due to illness or injury. What You Are Legally Required to Tell Your Employer This can be a sensitive issue, and it is important to understand your rights and responsibilities in such situations. As an employee, you may have encountered a situation where your employer asks you why you are sick or what is causing your absence.
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