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If an employee exhausts leave under the family and medical leave act (fmla), may an employer request new medical documentation to support the need for a leave extension as an accommodation under the ada? Our hr department receives individually identifiable health information from employees, health care providers, or health plans in connection with an employee's request for sick leave or family medical leave act (fmla) or a reasonable accommodation under the americans with disabilities act (ada). There are myriad federal, state, and local laws that govern what employee medical information may be collected by employers, when an employer can request employee medical information, how such information may be requested, how it must be stored, and how long the records must be retained.
Learn why requiring a full duty medical release for employees returning from medical leave can violate the ada Under the ada, an employer’s ability to ask for information or request medical examinations related to an employees’ disability depends on whether the request occurs during one of three different periods The americans with disabilities act (ada) and the family and medical leave act (fmla).
________________________________________ name of medical provider to disclose to the department of health’s agent/representative, ________________________________________________, or any other person, including the department’s legal counsel, who is authorized by my employer to handle medical information for ada purposes, any information concern.
Employers may ask employees who request an accommodation under the ada to provide medical documentation of the disability and work restrictions from health care providers.
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