Manitoba Civil Service Commission
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5.3 Releasing Confidential Personal Information
Policy
All forms of personal information obtained by the Employee Assistance Program will be held in confidence except with the employee's written consent to release such information.
Questions And Answers
- Can EAP release confidential information from client files?
- Can EAP's client information be subpoenaed for an arbitration?
- What information can a manager obtain about an employee who is an EAP client?
- Can managers obtain confirmation of an employees attendance at EAP?
Questions And Answers
1. Can E.A.P. release confidential information from client files?
No, except if the information is required by law, for example in child abuse cases or if the file is subpoenaed by the courts. In all other situations E.A.P. counsellors must obtain the client (employee's) written authorization before releasing confidential information. The client can withdraw this consent at any time by notifying E.A.P. in writing.
2. Can E.A.P.'s client information be subpoenaed for an arbitration?
No. Labour and management have agreed not to subpoena E.A.P. counsellors or employee's confidential files for use in arbitration proceedings. This assures employees that any statements or information shared in E.A.P. counselling sessions cannot be used for or against them in any proceedings within government.
3. What information can a manager obtain about an employee who is an E.A.P. client?
Managers do not have access to any private, personal or other confidential information obtained by E.A.P. without the employees written consent. See consent form sample. If, however, the E.A.P. counsellor assesses the employee to be of danger to self (ie. seriously suicidal) or others, the E.A.P. counsellor, in consultation with the Director of E.A.P., may consult with the employee's manager to plan a strategy of support or medical intervention.
4. Can managers obtain confirmation of an employee's attendance at E.A.P?
E.A.P does not provide managers with confirmation of an employee's attendance, unless the employee grants written consent to the manager or to the counsellor for the release of such information.
Confidential
Consent for the Release of Information
I,
hereby give consent to:___________________________________________________
E.A.P.
Counsellor, Government of Manitoba
{ } To obtain information from:___________________________________________
{ } Provide information to:_______________________________________________
concerning:{
} My participation in the E.A.P.
{
} Other information:______________________________________
Additional Comments:
This consent is valid for a duration of six months from:__________________________
I may revoke my consent at any time by notifying the Employee Assistance Program,
Government of Manitoba in writing that consent has been withdrawn.
________________________ _________________________
Date Signature
________________________ _________________________
Date Witness
Authority
- Joint Committee, June 2, 1997
- CSC Executive Management Committee
- Child and Family Services Act 18(1)
- Civil Service Commission Board, CSC Minute #15-97/98-17
Effective date March 11, 1998
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