ADA accommodation: Can you ask for a doctor’s note? By Cliff Malone

by hrconsulting14

This is a question that we receive an ongoing basis. .

As HR consultants, we are asked how to provide a reasonable accommodation issues with the ADA. In many cases, the employee comes right out and divulges nature of their disability. Other times they do not directly discloses, but is apparent from reasonable observation that they may have particular impairment. Although you cannot inquire as to their particular diagnosis which is confidential, you can still ask the person what they can and cannot do in relation to their specific work duties.

But what you really want is some specific direction from their healthcare practitioner, especially a physician. Can you insist that they furnish a doctor’s note? The answer is “Yes”..

You certainly cannot secure the confidential medical records of the employee, but you can still get direction from his or her doctor at a minimum. Here is a sample email you may send the person from your HR department:

Thank you for your recent email with an update of your medical condition.  In order for us to move forward and give you adequate accommodation, please have your doctor state in detail what accommodation, if any, you need while working for us. As such, please have a doctor’s note which explains the following:

  • The hours you will be able to work per day.
  • The days you will be able to work per week.
  • Are you able to work part-time or full-time?
  • We have attached a description of your work duties. Please indicate what you can and cannot do as to each of those enumerated duties.
  • What special accommodation, if any, you will need. Note that an employer is only required to provide reasonable accommodation.
  • Whether you will be able to work on a regular basis.
  • The date you can start working.

If you would like a free initial consultation on this issue or any other HR matter, or would like a written print-out of this subject, feel free to contact the HR Consulting Network at 925-899-8449 or email us at info.NationalLlienLlaw@gmail.com, attention Cliff..

You can also read other HR articles on our website of www.HRconsulting.network.wordpress.com.

Thanks again for joining us and good luck. Cliff Malone.

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