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May employers request information from previous employers relating to attendance?

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May employers request information from previous employers relating to attendance?

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A. Information may not be requested or obtained from third parties which could not be requested directly from the individual. Employers may inquire about an individual“s attendance record with former employers; however, follow-up questions regarding reasons for absence are unwise because they are likely to elicit information relating to disabilities. Employers may also ask questions designed to detect abuses of sick leave. For example an applicant or former employer may be asked how many Mondays or Fridays were missed other than for approved types of leave.

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