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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117372
Experience:  20+ Years of Employment Law Experience
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If my employer needs more medical information based on my

Customer Question

If my employer needs more medical information based on my request for extended leave for an ada accommodation. once that form is signed are they allowed to gather information from the std or ltd companies? to what extent do they have to show they actively participated in the interactive process? Is my employer allowed to completely dismiss my disability and instead of either agreeing to the accommodation or speaking to an alternative one? the end result separation of employment do to substantial time off and the significant amount requested and the nature of indefinite leave. I had only been off for 8 months, I inquired about the disability and they stated it wasn't considered a disability because I had not submitted anything in writing prior.
Submitted: 9 months ago.
Category: Employment Law
Expert:  Phillips Esq. replied 9 months ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR as your previous contributor left.
The employer is allowed to gather information from your doctors or your LTD and STD insurers to document your disability and determine if the accommodation requests are proper. It is up to the person seeking accommodations for a disability to provide sufficient proof to the employer they have a "qualified disability" which is one that "permanently impairs a major life function" and also they need to suggest accommodations that are reasonable to allow the employee to perform the work that they need to do. Just because an employee asks for one accommodation does not mean the employer cannot come up with alternative reasonable accommodations. Also, an employer does not have to incur extraordinary expenses to provide accommodation.
So if an employee wants accommodation, they need to notify the employer before there is some problem or issue and provide all detailed medical proof the employer needs to make a reasonable decision. The employer needs to show that they received proper documentation and would need to explain what accommodations were or were not reasonable and have legal justification as to why
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