Legal Question in Employment Law in California
Employer Disclosing Information
I am a Realtor in California. My client is purchasing a home and the Lender is verifing employment. My client just gave birth and is on maternity leave. My question is: Does her employer have to state that she is out on maternity leave? If they disclose this, it will kill the deal! I would like to know if my client has the right to tell HR to keep her medical leave confidential? Thank you for your help and any information! I really appreciate it.
1 Answer from Attorneys
Re: Employer Disclosing Information
Your client withholding the truth or misleading the lender could be viewed as fraud. The employer has the right and obligation to accurately report employment status, however, not the details of condition. If she is expected to return to employment, it should not prevent a loan.