Summary
Under the ADA, employers can request reasonable documentation if the disability or need for accommodation is not obvious. If the employer already has documentation of the disability, they cant deny the request solely based on the lack of a new doctors note. The FMLA certificate can serve as proof of disability, but new documentation might be necessary if the nature of the disability changes or if theres reasonable doubt about the validity of the existing documentation. Employers cannot fire an employee solely because of their disability, including mental health conditions, but must ensure a safe workplace. Consult a labor law attorney for specific advice.Full Conversation
So they can deny the accommodation because of no doctors note?
Yes, under the ADA, if the disability or need for accommodation is not obvious, the employer can legally require documentation, such as a doctor's note, to approve the request for accommodation.
What if the employer already has documentation that the employee has a health condition because the doctor filled out disability paper work just a few days ago and the employee tells the employer that they will provide proof that they’re in the hospital once they’re allowed to go but can’t provide it before hand
Under the ADA in NYS:
- If the employer already has documentation of the disability, they can't deny the request based solely on the lack of a new doctor's note.
- Employers must engage in an interactive process and consider reasonable accommodations.
- Providing proof after hospitalization should be considered within reason.
It's recommended to consult with a labor law attorney for specific advice.
What if an employee writes an email like this as you may know I have a disability under the ADA this disability is a lifetime disability which has to do with my mental health here is a copy of FMLA paperwork that my doctor filled out just yesterday listing my chronic health condition this condition is the same condition that I’m requesting time off to treat I would like to be able to check myself into a hospitalization program to stabilize myself recent workplace discrimination has caused my mental health condition to become Exacerbated and I need to get this under control asap to get a handle on my health
This email shows a clear request for reasonable accommodation under the ADA and FMLA. If the employer denies without engaging in an interactive process to determine reasonable accommodations, it could potentially be a violation. Consult a labor law attorney in NYS for specific advice.
What if the employer denies due to lack of doctors note
Under the ADA in NYS:
- Employer can request a doctor's note if the disability or need isn't obvious.
- If the disability is documented and known, denying solely for lack of a new doctor's note could be questionable.
- It's advisable to consult a labor law attorney in NYS for guidance.
So providing the FMLA certificate can be proof of the disability?
Yes, the FMLA certificate filled by a doctor can serve as proof of disability. However, the employer may still request additional documentation if they deem it necessary. It's advisable to consult with an employment lawyer for further guidance.
What can make new documentation necessary?
New documentation might be necessary in the following situations:
- If the nature of the disability changes significantly.
- If the accommodation request changes.
- If there's reasonable doubt about the validity of the existing documentation.
It's advisable to consult with a labor law attorney for specifics.
What’s reasonable doubt
Reasonable doubt refers to a standard of proof needed to validate a criminal conviction in most legal systems. It's a doubt that would cause a reasonable person to hesitate before acting in a matter of importance. In this context, it could be doubt about the validity of the disability or the need for the requested accommodation.
What’s an example
An example of reasonable doubt would be if the employer has valid reasons to believe that the FMLA certificate provided is not genuine or there are inconsistencies in the information provided about the disability or the need for accommodations. Always consult with a labor law attorney for specifics.
If you tell your employer a situation that happened at work is making you want to self harm due to it greatly affecting your mental health can they fire you for that?
Under the ADA, employers cannot fire an employee solely because of their disability, which includes mental health conditions. However, employers have a duty to ensure a safe workplace. It's recommended to consult with a labor law attorney for specific advice.
So because you want to hurt yourself that’s making the workplace not safe for others?
The safety of the workplace includes both the physical and mental well-being of all employees. If an employee's actions, due to their own mental health struggles, pose a direct threat to themselves or others, the employer must address that. However, firing an employee solely for disclosing mental health issues could potentially violate ADA. It's advisable to consult a labor law attorney for specifics.
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