Quick Answer: Can HR Ask Medical Questions?

What medical information can an employer request Ontario?

Except where required or permitted by law, an employer cannot seek and a doctor cannot give out any patient medical information without the patient’s freely given informed specific authorization and consent (Hamilton Health Sciences v Ontario Nurses’ Association, 2007 CanLII 73923 (ONLA) at para 21)..

What happens if information is not kept confidential?

Failure to properly secure and protect confidential business information can lead to the loss of business/clients. In the wrong hands, confidential information can be misused to commit illegal activity (e.g., fraud or discrimination), which can in turn result in costly lawsuits for the employer.

Can an employer deny a sick day Ontario?

Q: Can my employer prevent me from taking sick leave? A: Generally not. In Ontario, section 50 of the Employment Standards Act, 2000 (“ESA”), provides for up to 10 days of unpaid leave per calendar year for personal emergency situations, such as illness.

Can my boss ask me about my personal life?

Generally speaking, an employer may not inquire or otherwise obtain facts about highly personal aspects of an employee’s private life. For example, an employer may not ask an employee about her sex life with her husband.

Can you ask if someone was fired in an interview?

There are no federal laws restricting what information an employer can – or cannot – disclose about former employees. If you were fired or terminated from employment, the company can say so. They can also give a reason.

Can HR ask personal questions?

The short answer to this is that yes, they can ask. Whether or not you choose to provide it is up to you. However, an employer can usually legally deny you a position if you refuse. An employer may wish to see your W-2 to confirm if the current salary you claim to earn is true or not, and this is legal.

What is a Hipaa violation in workplace?

What is a HIPAA Violation? The Health Insurance Portability and Accountability, or HIPAA, violations happen when the acquisition, access, use or disclosure of Protected Health Information (PHI) is done in a way that results in a significant personal risk of the patient.

What are FMLA violations?

FMLA interference occurs when an employer interferes with an employee taking or trying to take FMLA leave. FMLA retaliation occurs when an employer fires or discriminates against an employee for exercising his or her FMLA rights.

Can you tell other employees that someone is on FMLA?

Of course, if the employee wishes to discuss his/her own medical information with others, that is not an employer violation. … So, the court is stating that despite the fact that the employer provided the leave requested, confidentiality is a separate right that is enforceable under the FMLA.

What Cannot be asked on a job application?

Questions should focus on job-related issues and protect the privacy and employment rights of all applicants. It’s illegal to ask about certain characteristics protected by law such as gender, age, race, religion, national origin, disability or marital status.

What questions an employer Cannot ask?

Examples of questions that legally cannot be asked are:Are you in a same-sex relationship?How old are you?What’s your ethnic background?What religion are you?Are you pregnant or planning to start a family?Who do you vote for?Do you have a physical or mental disability?

What are illegal questions?

Illegal job interview questions solicit information from job candidates that could be used to discriminate against them. Asking questions about a candidate’s age, race, religion, or gender could open a company up to a discrimination lawsuit.

Do you have to disclose medical condition to employer?

By law, employers cannot ask about medical conditions before offering somebody a job, but they can after one has been accepted if they ask the same questions of every incoming employee, Kuczynski says. The law also says employers can’t retaliate against someone who discloses a condition after an offer.

Can I sue my employer for disclosing medical information?

Can My Employer Disclose My Medical Information To Other Employees? … Unless a manager, supervisor, or human resources employee has a legitimate need to know, it’s safe to say that an employer that discloses private medical information to other employees is breaking the law.

Do I have to disclose medical conditions to employer UK?

uk’s top five things an employee should know about their health and the workplace: You are not duty-bound to reveal an illness or health issue to your employer. … If your contract of employment specifically says you must tell your employer about any condition that affects your ability to do the job, you must tell them.

What medical questions can my employer ask?

Once a person is hired and has started work, an employer generally can only ask medical questions or require a medical exam if the employer needs medical documentation to support an employee’s request for an accommodation or if the employer has reason to believe an employee would not be able to perform a job …

Can your boss tell other employees my personal information?

Employment Actions Even without a dedicated HR department employment matters should be confidential. It’s just not right to share personal information about employees with their coworkers.

Can my employer ask for medical information UK?

Medical information can be sought on anyone who is, or is seeking to be employed. An employer may access any report supplied by a medical practitioner, as long as it is for employment or insurance purposes.