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No Medical Documentation for Existing Employee

BetziBetzi 27 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
A friend has a company with 9 employees. 1 employee worked for him before & hurt her back while working (she claims) & went to the doctor,had some surgery, & then moved away. She returned about 8 months ago & when she filled out a new application she indicated she had a disability but no one ever got anything from any doctor. Other employees have been complaining as she says she cannot move equipment (part of her job description as a Service Tech)which has them working harder. Aditionally, it seems to be selective as she moved a machine by herself the other day & told everyone how she moved it by herself. Question is - if someone is coming in to organize their system & files, can they request documentation from her (8 months later) saying she has a disbility which prevents her from whatever?

Thank You!
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Comments

  • 3 Comments sorted by Votes Date Added
  • Theresa Gegen TXTheresa Gegen TX 814 Posts
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    Yes. However, such a small company is probably not covered by the ADA laws (unless state law covers it). There is a threshold number of employees required for coverage. This means that the company may not be required to give an accommodation (assuming they are truely not covered by the law).

    The employee should be required to do all the essential functions of her job. If she cannot, the supervisors should certainly know about it, and address it.

    Good luck!!
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  • SystemSystem 5,885 Posts
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    I see that Betzi is from Washington, and the Washington Law Against Discrimination applies to employers with eight or more employees. But I don't know what that law actually requires.

    James Sokolowski
    Senior Editor
    M. Lee Smith Publishers
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  • NJODMNJODM 10 Posts
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    Yes. you can ask for medical documentaion any time since the employee stated they have a disability.

    all employers, including State and local government employers, with 15 or more employees after July 26, 1994 are covered under the ADA. Since this company has less then 15 employees it would not be coverd. State and local requirements might be in affect though. This information should be available by the Department of Labor within STate Government.

    Going on the information you provided, you would have to go on the basis of having a dialog with the employee on what type of accommodation they would need and the employee would then have to provide medical info to backup their statement and need. Until you receive this type info it should buisness as usual. Again since this company is not cover by the ADA, their is no requirement under the Federal Law.

    Good luck


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