Castro Valley, CA asked in Employment Law and Health Care Law for California

Q: Is it legal for HR to disclose the contents of my medical leave letters written by my doctors to my supervisor?

I am currently on medical disability leave from my company. Human Resources asked for and received medical leave letters from two of my current doctors. The head of HR then sent an email to myself and my supervisor in which she copied the entire contents of both medical leave letters and then continued to discuss the letters. Is this in violation of CA medical privacy laws? Is letter correspondence between a medical doctor and Human Resources considered to be confidential regardless of the amount of employee medical information contained in the letter?

1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Jess Ranch, CA
  • Licensed in California

A: There is missing information which would be helpful in answering your query. For example, did you suffer any harm as a result of the HR disclosure of the medical leave letters to your supervisor? In any event, you can send an email or other written communication to the head of HR and protest her decision to disclose the contents of your doctors letters with your supervisor on the grounds that it is personally embarrassing to you.

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