Accommodation Documentation Requirements
Summary
Employers in New York State must provide reasonable accommodations unless it causes undue hardship. If an employee provides sufficient documentation of a disability, even if not on the employers specific form, the employer should still consider it and engage in an interactive process. Denying an accommodation solely based on form issues is generally not appropriate. Employees should discuss the issue with their employer or HR department and may seek further legal advice if necessary.Full Conversation
What if the individual provided documentation proof of the disability but it just wasn’t filled out on the form they wanted it filled out on? And the employee even provided the employer with a doctors referral to go to a hospital program?
In New York State, employers must provide reasonable accommodations unless it causes undue hardship. If the employee provided sufficient documentation but not on the specified form, the employer might still need to consider it.
- Employers generally should not deny an accommodation solely based on form issues if the documentation is otherwise sufficient.
- The employer should engage in an interactive process with the employee to resolve the issue.
Is the individual willing to discuss the issue further with their employer or HR department?
Employer will only accept their forms
- In New York State, employers must provide reasonable accommodations unless it causes undue hardship.
- Employers typically should not deny an accommodation solely based on the format of the documentation if it is otherwise sufficient.
- The employer should engage in an interactive process to resolve the issue.
Is the individual willing to seek further advice or potentially take legal action?
Can an employer deny and accommodation solely because they don’t have a signed medical form from the doctor legally?
Generally, in New York State, an employer must provide reasonable accommodations unless it causes undue hardship. If the documentation provided substantiates the need but doesn't adhere to the employer's form, the employer should still consider it and engage in an interactive process. They should not deny an accommodation solely on form issues if the documentation is otherwise sufficient.
Are you considering taking legal action or seeking further advice on this issue?