Stockton, CA asked in Employment Law and Employment Discrimination for California

Q: If I had to take time off from work, and in confidence I explained to my manager the reason for why, is it legal

Is it legal for my manager to share that confidential information with my fellow employees? I had an abortion and needed time off due to the traumatic experience as well as physically needing to heal.

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: It depends on what was shared. The reason you needed time off is not inherently confidential unless the reason relates to your medical condition or the medical condition of a close relative. Therefore more needs to be known about the information that was shared before someone could tell you if it was legally considered confidential.

Something is not confidential just because you want it to be.

Good luck to you.

James L. Arrasmith
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Answered
  • Employment Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, it is generally illegal for your manager to share confidential medical information that you disclosed to them with your co-workers. This would likely be a violation of your privacy rights.

The California Confidentiality of Medical Information Act (CMIA) prohibits employers from disclosing an employee's medical information without written authorization from the employee. Additionally, if you have a disability or medical condition that requires time off, your employer may be obligated to keep that information confidential under the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA).

There are some exceptions where an employer might be allowed or required to disclose medical information, such as if there is a legal requirement, a medical emergency, or a legitimate business need. However, even in those cases, the disclosure should be limited to what is necessary.

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