Human Resource Blog

Doctor’s note for leave

Our group has less than 50 employees. An employee states they are unable to return to work for an indefinite period. They have provided a doctor’s note that simply states the employee “is being followed at their office for medical care. Please excuse her from work for an indefinite time; to be re-evaluated at our office”. The employee has now missed 7 days of work and exhausted all accrued PTO. I have spoke with the employee 2 x after leaving multiple messages. She alluded to her illness as “depression” but the dr’s note doesn’t give any specifics. Am I allowed to require more detailed information regarding her “illness” and necessary time off? What are we allowed to require as documentation? I want to be fair to the employee but I feel she should provide more specific info regarding necessary time off and expected date to return.

There are two federal laws to consider, the FMLA and ADA. Also, some states have adopted state leave entitlement laws. It’s important to know if any state leave entitlement legislation exists in your state.

The federal Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take up to 12 workweeks of unpaid, job protected leave in a 12 month period for specified family and medical reasons. A private-sector employer with less than 50 employees is not covered by the FMLA.

The Americans with Disabilities Act (ADA) covers employment by private employers with 15 or more employees. The ADA prohibits discrimination against an individual who can perform the essential functions of his job with or without reasonable accommodation. A reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified employee with a disability to perform the essential functions of a job. Reasonable accommodations can include job restructuring, reassignment, or modified work schedule. In some cases, a leave of absence may constitute a reasonable accommodation. It is a violation of the ADA not to provide reasonable accommodation to a qualified individual with a disability, unless doing so would impose an undue hardship on the operation of the business. Undue hardship means that the accommodation would require significant difficulty or expense.

The ADA defines a disability as a physical or mental impairment that substantially limits a major life activity. Clinical depression may qualify for protection under the ADA.

An employer may request medical documentation certifying the need for reasonable accommodation under the ADA. Disability-related inquiries must be a business necessity and related to the job. However, an employer is entitled only to documentation sufficient to establish that an accommodation is needed. The ADA doesn’t require specific forms to be used to request information.

Employers are not required to provide never-ending leaves of absences but they do have an obligation to participate in discussions with employees once notice of a disability has been received. The discussions must include an interactive exchange of information which specifically addresses reasonable accommodations.

If medical evidence indicates the employee will not be able to return to work in the future and the employee is unable to provide information to counter the evidence, then an extended leave would most likely be considered an undue hardship for the employer. Thus, terminating the employee may be justified.

However, if the employee provides medical information indicating that he can’t currently perform the essential functions of the job with or without accommodation but may do so in the future, then it’s recommended to place the employee on leave until such future date unless doing so would case the employer undue hardship.

It’s important for employers to consider all reasonable accommodations prior to terminating an employee who has exhausted or is ineligible leave entitlements. Considerations must be provided on a case by case basis. Clearly documenting all discussions and actions regarding the situation is extremely important in case the employee claims wrongful termination.