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Summary:

In order to establish eligibility for disability benefits, the claimant must file with the Employment Development Department a certificate from a physician that establishes the sickness of the employee, or condition of the family member that warrants the care of the employee. (2) A certificate filed to establish medical eligibility of the employee's own sickness, injury, or pregnancy shall also contain a statement of medical facts, including secondary diagnoses when applicable, within the physician's or practitioner's knowledge, based on a physical examination and a documented medical history of the claimant by the physician or practitioner, indicating the physician's or practitioner's conclusion as to the claimant's disability, and a statement of the physician's or practitioner's opinion as to the expected duration of the disability. (b) An employee shall be required to file a certificate to establish eligibility when taking leave to care for a family member with a serious health condition. The certificate shall be developed by the department. In order to establish medical eligibility of the serious health condition of the family member that warrants the care of the employee, the information shall be within the physician's or practitioner's knowledge and shall be based on a physical examination and documented medical history of the family member and shall contain all of the following: (1) A diagnosis and diagnostic code prescribed in the International Classification of Diseases, or, if no diagnosis has yet been obtained, a detailed statement of symptoms. (2) The date, if known, on which the condition commenced. (3) The probable duration of the condition. (4) An estimate of the amount of time that the physician or practitioner believes the employee needs to care for the child, parent, grandparent, grandchild, sibling, spouse, or domestic partner. (5) (A) A statement that the serious health condition warrants the participation of the employee to provide care for his or her child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.

Summary:

No employee shall be discriminated against in terms or conditions of employment due to that employee's refusal to sign an authorization under this part.

Summary:

No employer shall use, disclose, or knowingly permit its employees or agents to use or disclose employee medical information without a signed authorization by the patient.

Summary:

An employer that is a provider of health care (or its agent) shall not be deemed to have violated Civil Code 56.20 if it follows the requirements for disclosing medical information possessed in connection with providing health care services to the provider's patients or employing its own employees.

Summary:

The retirement board of a public pension or retirement system shall administer the system to deliver benefits and services to beneficiaries and participants. In CA. Op. Atty. Gen. No. 04-408 (February 23, 2005), the Attorney General concluded that a county retirement board may meet in closed session to discuss and evaluate medical records submitted in connection with an employee's application for a disability retirement.

Summary:

Information filed with the state teachers’ retirement system is generally confidential, but may be disclosed to the board and its officers and employees of the system, and any person authorized by the Legislature to make inspections.

Summary:

If a governing board has reason to believe that a certificated school employee suffers from mental illness impeding the performance of duties, the board may suspend or transfer the employee.  In certain circumstances, a panel of mental health professionals shall examine the employee for fitness to discharge the job. The employee may have a personal doctor submit a report to the panel, as well. The panel has 10 days to submit a written report on the examination to the governing board, with a copy supplied to the employee upon request. If a majority of the panel determine that the employee should be permitted to return to work, the written report shall not be retained.

Summary:

If a governing board has reason to believe that a certificated school employee suffers from mental illness impeding the performance of duties, the board may suspend or transfer the employee.  In certain circumstances, a panel of mental health professionals shall examine the employee for fitness to discharge the job. The employee may have a personal doctor submit a report to the panel, as well. The panel has 10 days to submit a written report on the examination to the governing board, with a copy supplied to the employee upon request. If a majority of the panel determine that the employee should be permitted to return to work, the written report shall not be retained.

Summary:

The Department of Managed Health Care may require fingerprint images and associated information from a prospective employee whose duties would include access to medical information; employees of contractors reviewing medical information shall be subject to criminal record background checks.

Keywords:
employee, agency, safeguards
Summary:

An employer may not require medical or psychological examinations of employees, unless they are job-related and necessary for business. Employers may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that worksite.

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