FMLA & ADA Medical Information: Effective Medical Inquiry

Tasha Patterson@Work

Effective Medical Inquiry When an Employee Requests ADA Accommodation

By Gail I. Cohen, JD

Director, Employment Law & Compliance
Matrix Absence Management

Understanding the proper way to obtain appropriate medical support for an employee’s request for accommodation under the Americans with Disabilities Act (ADA) can challenge even the most seasoned disability professional. In general, the ADA prohibits medical examinations and inquiries unless they are job-related and consistent with business necessity.1 The ADA defines this to include when an employer has a reasonable belief, based on objective medical evidence, that an employee’s ability to perform the essential functions of the job may be impaired by a medical condition.2

Employer Do: Initial Medical Inquiry

When an employee asks for an accommodation(s) to perform the job, an employer has the right to documentation providing important information:

  • the nature, severity, and duration of the employee’s impairment;
  • the activity or activities which the impairment limits; and
  • why the requested accommodation is needed.3

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