Legal Question in Employment Law in California

Sick Leave Usage

Is it legal for my Human Resource person to discuss (gossip) my sick leave use with just anybody in the company? Thanks!


Asked on 9/14/06, 8:44 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Sick Leave Usage

It's unprofessional, but probably not illegal if the HR person's not discussing the reasons you're taking sick leave. It might be important in the sense that the HR person's trying to get a feel for necessary staffing during your absences.

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Answered on 9/19/06, 6:22 pm
Beth Mora Cooper & Mora, A Professional Corporation

Re: Sick Leave Usage

It may or may not be illegal and/or a violation of your right to privacy based on what was said and to whom.

HR has a duty to do their job. However, discussing your sick leave may move into violating your right to privacy if the HR person disclosued any confidential information about your medical condition(s).

However, it is more likely than not, at this point (knowing very little) that HR has acted inappropriately. I suggest you check your handbook to see if there is any policy about privacy as to the reason for your leave.

If you have any further questions, you are welcome to contact me at my e-mail provided.

Sincerely, Beth Mora

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Answered on 9/19/06, 9:58 pm


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