Privacy Issues in the Workplace

6. T HE F AMILY M EDICAL L EAVE A CT OF 1993 (FMLA)

The Family Medical Leave Act (FMLA), 29 U.S.C. section 2601, et seq., is the federal counterpart to the CFRA. Like the CFRA, the FMLA permits eligible employees to take a leave of absence of up to 12 weeks in a 12-month period for, among other things, the serious health condition of the employee or the employee’s spouse, child or parent. Likewise, the FMLA enables an employer, under certain circumstances, to require an employee to produce medical certification of the serious health condition entitling the employee to leave as well as certification that an employee is capable of returning to work. 7. T HE C ALIFORNIA O CCUPATIONAL S AFETY AND H EALTH A CT OF 1973 (C AL /OSHA) The California Occupational Safety and Health Act of 1973 (Cal/OSHA), Labor Code sections 6300-6719, regulates workplace health and safety conditions. It also contains provisions requiring the retention of certain medical and exposure records for up to 30 years. 8. T HE O CCUPATIONAL S AFETY AND H EALTH A CT OF 1970 (OSHA) The Occupational Safety and Health Act (OSHA), the federal counterpart to Cal/OSHA, 29 U.S.C. sections 651-678, also regulates workplace health and safety issues. 137 It too requires the retention of certain medical and exposure records for up to 30 years. 9. P REGNANCY D ISABILITY L EAVE (PDL) The Pregnancy Disability Leave Act (PDL), Government Code section 12945, is a California law permitting women who are disabled as a result of pregnancy to take up to four months of unpaid leave in addition to the 12 weeks of leave provided under the CFRA. Similar to the CFRA and FMLA, the PDL authorizes an employer to require medical certification from an employee seeking leave. 10. C ALIFORNIA L ABOR C ODE S ECTION 3762 Section 3762 is applicable in workers’ compensation proceedings. With limited exceptions, it prohibits a workers’ compensation insurer, third party administrator or employee of a self-insured employer charged with administering workers’ compensation claims from disclosing any medical information to an employer about an employee who has filed a workers’ compensation claim. 11. G ENETIC I NFORMATION N ONDISCRIMINATION A CT OF 2008 This law, codified at 42 U.S.C. section 2000ff-1(a), makes it an unlawful employment practice for an employer (employment agency, labor organization, or training program) to fail or refuse to hire, or to discharge, any employee, or to discriminate against any employee with respect to

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