Employee Engagement During SAW & RTW: Obtaining Medical Information for Leave Alternatives under the ADA

Tasha Patterson@Work

medical-informationBy Marti Cardi, JD

VP Product Compliance
Matrix Absence Management

Accommodations can often be an effective alternative to or can shorten a leave of absence from work. When employers engage with a disabled employee to identify stay-at-work (SAW) or return-to-work (RTW) options, they often overlook their right to obtain medical information to assist in the process. Although there are limits, employers are entitled to more medical information during the interactive process than they may realize.

An employer can request medical information if the following are not obvious or known to the employer:

  • An employee’s physical or mental impairment
  • The limitations imposed by the impairment
  • The need for an accommodation
  • The effectiveness of a proposed accommodation

This type of information helps the employer understand the employee’s situation and makes finding an effective accommodation easier.

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