You should say yes if your employer is still paying you wages. If your employer is not paying you wages, I don't see any reason why you would want this information disclosed. �If you did say yes, they would disclose to your employer your weekly benefit amount in state disability payments.
Full Answer
What information can an employer disclose about an employee?
Statutes, both federal and state, place limits on what employee information employers can disclose. For example, the Americans with Disabilities Act requires employers to keep information about an employee’s medical condition separate from the employee’s personnel file and treat it as a confidential medical record.
What is the reporting and disclosure guide for employee benefit plans?
Introduction This Reporting and Disclosure Guide for Employee Benefit Plans has been prepared by the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) with assistance from the Pension Beneit Guaranty Corporation (PBGC).
Should I disclose my disability to my employer?
“Disclosing a disability to an employer enables a person to live one’s life authentically and be able to bring one’s whole self to work,” said Kathy Flaherty, executive director of the Connecticut Legal Rights Project. “Hiding a disability takes emotional energy that could be better spent elsewhere,...
What are the benefits and downsides of disclosing confidential information?
Legal Aid at Work recommends that clients consider the potential benefits and downsides of disclosing. The benefits include receiving necessary accommodations and gaining support and, depending on the workplace, downsides may include a risk of stigma and harassment and a loss of privacy.
Should I disclose benefit payment information to my employer?
Individuals will know their claim has been approved once they receive an Electronic Benefit Payment (EBP) Notification (DE 2500E). You should share this information with your employer to prevent any benefit overpayment.
Does EDD notify your employer?
The EDD and employers work together to prevent fraudulent claims. When someone files an Unemployment Insurance (UI) claim, we ask for identifying information. We notify the last employer, former employers and current employers when a claim is filed.
Does EDD contact your employer for PFL?
Can the EDD tell an employer how much an employee is getting in DI or PFL benefits? We may give this information to an employer if their employee provides written permission on their initial DI or PFL claim forms.
Will my new employer know I was on disability?
Even though the employer now knows the person has a disability, the ADA makes it illegal for the employer to use this information when making the hiring decision. The employer cannot lower the score of the employment exam because a person with a disability used an accommodation.
Can employer get in trouble for lying to EDD?
There are penalties where the employer can be forced to pay when offering false statements to EDD. These penalties range from 2 to 10 times the amount that would have been paid to the claimant. However, the penalties will not be paid to the claimant.
What happens if employer does not respond to unemployment claim California?
After receiving this information, the EDD will determine if the base period employer's reserve account should be charged for the employee's claim for unemployment benefits. If the base period employer fails to respond within 15 days, the base period employer's reserve account will likely be charged.
What benefits can I claim when pregnant and unemployed in California?
In California, pregnant employees have two types of leave benefits: those granting them a right to take leave from work with job and benefits protection (PDL, CFRA and FMLA), and those granting them wage replacement from the state during times they are on qualifying leave (SDI/STD, PFL).
Can employer deny paid family leave California?
Yes. If your company is covered by the terms of FMLA and CFRA, your employer may require you to take FMLA and CFRA leave while you're receiving Disability Insurance or Paid Family Leave benefits.
How far can I backdate my EDD claim?
Your claim start date will be the Sunday of the week you applied for #unemployment benefits. You can request to backdate your claim date to the week you became unemployed due to #COVID19.
Do you have to declare disability to employer?
When seeking a job, there's no obligation for you to tell them about your disability, but you should bear in mind the following: It's unlawful for an employer to discriminate against you in the hiring process for having a disability.
Do I have to disclose my medical condition to my employer?
Employers cannot request that an employee discloses information about any health conditions that arise during employment. Employees might choose to volunteer information, and if they do then the employer is required to make reasonable adjustments to support the employee in their work.
Should I disclose that I have a disability?
Yet, in order to benefit from the ADA and the Rehabilitation Act, you must disclose your disability. An employer is only required to provide work-related accommodations if you disclose your disability to the appropriate individuals.
What is the law on disclosure of private information?
The law protects an employee’s right to control the disclosure of private information. Things like job applications, criminal background checks, credit histories, complaints and commendations all contain potentially private information about an employee, and if an employer carelessly discloses them, the employee can bring a claim for invasion ...
What are some examples of employers having to keep medical records?
Statutes, both federal and state, place limits on what employee information employers can disclose. For example, the Americans with Disabilities Act requires employers to keep information about an employee’s medical condition separate from the employee’s personnel file and treat it as a confidential medical record.
Is genetic information protected under the Texas law?
An employee’s genetic information is also protected from free and full disclosure under the federal Genetic Information Nondiscrimination Act and the Texas Genetic Discrimination Law. There are also recently-imposed requirements about how employers treat consumer information.
Can an employer videotape employees?
An employer can videotape or monitor an employee if there is a legitimate business need. So, an employer can place cameras above the cash register; the legitimate business need there is preventing of theft. However, it is unlikely there would ever be a legitimate business need for a camera in a locker room.
Can an employer be sued for disclosing information to the union?
An employer is required to provide a safe workplace and cannot be sued for disclosing that information to the union. Similarly, in that same example, the employer has a legitimate business interest in protecting its plant and other employees from danger.
Do employers have to keep medical records?
Similarly, the Family and Medical Leave Act requires employers to keep records that relate to medical certifications, recertifications, or medical histories confidential excepting the same scenarios as under the ADA.
Is an employer liable for invasion of privacy?
However, if the employee can show that the disclosure was about the employee’s private life, the disclosure of such information would be offensive to a reasonable person of ordinary sensibilities, and there is no legitimate public concern, the employer will be liable for invasion of privacy.
Why was Emily Johnson denied a handicapped parking spot at work?
Emily Johnson was denied a handicapped parking spot at work because her boss wanted to leave it open for visitors who might need it. Holly Nelson, who has a hearing impairment, was terminated from a new position during her probation period because she didn’t hear a supervisor’s instructions.
What is the Americans with Disabilities Act?
The Americans with Disabilities Act forbids employers from discriminating against applicants or employees on the basis of disability, but the gap between the letter and application of the law can swallow people whole.
Is disclosure a personal decision?
The decision to disclose is as personal as what goes on in your body and mind. It’s often an ongoing process that evolves as we do, and as society hopefully evolves with us.
Can an employer ask about disability?
Employers are prohibited from directly asking anything about your disability; that puts the onus on the employee or applicant to educate the employer, said Eve Hill, a disability rights attorney. You can request the accommodations you may need and explain how you can best perform the job, but that can be as much a burden as an opportunity, she said.
Does the A.D.A protect you from losing your job?
The A.D.A. protects people from losing their position because of disability, but it doesn’t prevent microaggressions or water cooler chatter that can turn toxic. “Even though it’s prohibited by law, the law is not a guarantee that discrimination won’t happen,” Ms. Flaherty said.
Why do you need to disclose your disability?
One of the reasons you may decide to disclose your disability is that it lets you request a reasonable accommodation during the application process, to perform the job duties, or to access benefits. When you tell your employer that you have a disability and that you need an accommodation, you begin a process that is unique to you ...
What does an employee tell her employer about her medical condition?
An employee tells her employer that she has a medical condition that is made worse by chemical cleansers and perfumes. She then requests that only scent-free or natural cleaning products be used in the office, that other employees no longer be allowed to wear scented products, and that her workspace be placed in a location that is well-ventilated.
What questions can an employer ask about disability?
A potential employer cannot ask questions that would require you to give information about your disability during the hiring process. For example, a potential employer is not allowed to ask you: 1 How many sick days you were absent from your previous job 2 If you have ever applied for Workers’ Compensation 3 If you are taking prescription drugs
What is the ADA requirement for medical information?
The ADA requires that employers keep any medical information they have about a disability-related inquiry or medical examination strictly confidential. This includes medical information from voluntary health or wellness programs, and any medical information voluntarily disclosed by an employee.
When is it acceptable to provide only what information is necessary to address the performing of essential job functions?
When your employer has a legitimate need to know about your disability, it is acceptable to provide only what information is necessary to address the performing of essential job functions. For example, an employer may have a legitimate need to know more about your disability when you ask for a reasonable accommodation.
Can an employer accept a reasonable accommodation?
Some employers will accept your request for a reasonable accommodation and not ask for more detailed information about your disability. Other employers may want you to give them specific documentation of your disabling condition, as a basis for the reasonable accommodation. If you cannot show that you have a disability, ...
Can you disclose your disability after a job offer?
Even after a job offer, there are legal limits about when and what an employer can ask about disability. Whether to voluntarily disclose your disability or not is based on your personal needs, preferences, and comfort level with your disability. It is wise to carefully consider disclosing your disability when you apply for a job, start a new job, ...
