If an employee has missed work due to diabetes problems, can an employer request a medical exam or documentation before allowing him/her to return to work?
Yes, but only if the employer has a valid, objective reason to believe that the employee may be unable to perform his/her job or poses a “direct threat” to him/herself or others in the work place. Any inquiries made by the employer must be limited to obtaining only information needed to make an assessment of the employee’s present ability to safely perform his/her job. This limitation also extends to medical evaluations. Only information relative to an employee’s ability to perform a job safely can be requested. An example would be if a change in a person’s insulin schedule, or perhaps going from shots to an insulin pump, had led to episodes of hypoglycemia on the job. If the employee was unable to safely perform the job, or required time off for recuperation, the employer can require the employee to submit to a medical exam or provide medical documentation that he/she can safely perform the job without posing a direct threat before allowing him/her to return to work. However, if a per
Related Questions
- If an employee has missed work due to diabetes problems, can an employer request a medical exam or documentation before allowing him/her to return to work?
- May an employer obtain medical information from an employee known to have diabetes whenever he has performance problems?
- Can an employer contact an employee’s GP direct to request a medical report?
