ADA Documentation Request
WO
130 Posts
I just read from the HR Quicklist an article on Disability Discrimination. The article states that the employer should request from the employee a signed release allowing the employer to gather information directly from his health care provider. And that the refusal to provide the requested release could cause him to forfeit the right to accommodation under ADA.
Does anyone have a release as described above? I have an employee who is not eligible for FMLA out on medical leave, but is not communicating, refuses certified mail and does not return phone calls.
Does anyone have a release as described above? I have an employee who is not eligible for FMLA out on medical leave, but is not communicating, refuses certified mail and does not return phone calls.
Comments
I have physical capacity and restrictions type forms I have used but I was looking for something geared more toward ADA????
The "Medical Release" we use is addressed to the provider of medical services, is signed by the employee, and states simply:
"I {Name of employee} hereby authorize you to disclose to {Name of DSC}, the Disability Services Coordinator for {employer}, and other employer representatives as necesary, any and all records and/or information relating to my {medical/psychological} condition - {Name of condition} - and its functional limitations for the purpose of evaluating my request for accommodation. I understand that I have no obligation whatsoever to disclose any information from my medical records, and all information disclosed pursuant to this Release shall be treated as confidential. I also understand that I may revoke this consent at any time by notifying you in writing of my decision, unless you have disclosed the information in reliance on my statement of consent. I further understand that any further disclosure of this information without my prior written consent is prohibited, except as necessary to process this accommodation request. I have read this form or have had it read and explained to me and I understand its contents."
Feel free to use it or not as you wish.
if you would like this for let me know.
[email]dave.millstein@treas.state.nj.us[/email]
Also, if the employer does not know of a disability but suspects that there may be a medical issue, there is no problem in the employer asking the general question, "is there any problem that prevents you from meeting the requirements of the job" and seeing what the employee responds. This question should always be asked of any employee who is demonstrating a performance or conduct problem.
Remember, the employee doesn't have to specifically state "I want a reasonable accommodation" but since the employee must be a participant in the interactive process, a rejection or denial of a medical impariment causing the work issue effectively puts an end to that process at that time.
Further, if the employee seeks a continuation of a leave of absence on the claim that he or she is disabled and the leave woulnd't fall under FMLA or any other "legally-mandated" leave situation, then at that point, the employee is in essence saying "I need an accommodation due to my disability."
ADA doesn't require that the employee's request for a specific accommodation be granted even if the employee is in fact disabled under ADA and needs an accommodation. The employee by requesting an extension is putting you on notice that there is a need for a reasonable accommodation for the known disability. What that accommodation turns out to be will depend on the results of the interactive process in evaluating the reasonable accommodation options. The final decision after going through the process rests with the employer. The accommodation not only has to be reasonable it has to be effective. Leave is generally one of the last things to look at -- if there are other accommodations that would allow the employee to be at work and be "competent" in the work, then those should be looked at first.