Q: I was diagnosed with herniated disc and severe anxiety. I want to request leave but want to keep my privacy at work. Do I need to tell my employer about my medical or psychological condition?
A: No. The employee is not required to disclose the nature of the employee’s medical condition or disability (i.e., their diagnosis). The employee is required only to provide reasonable medical documentation which describes the employee’s physical or mental limitations, which may prevent them from doing their work. For example, the medical documentation may simply state that the employee is restricted from lifting more than 25 lbs.
The employer cannot inquire into the “nature or severity” of the employee’s disability. The employer cannot ask for the employee’s complete medical records as those records may be unrelated to the need for accommodation. The employer also cannot ask the employee about the underlying medical cause of the disability (unless such a medical examination is “job-related” and “consistent with business necessity”).
How much of an employee’s medical condition should be disclosed to the employer? Under the law, if an employee’s disability or medical condition is not obvious, the employer may request the employee to provide reasonable medical documentation confirming the existence of the disability and the need for reasonable accommodation. That medical documentation may contain the following:
a. The name and credentials of the health care provider
b. Certification from the medical provider that the employee has a physical or mental condition that limits a major life activity or a medical condition, and a description of why the employee or applicant needs a reasonable accommodation.
There is a need for ‘reasonable accommodation’ if the employee’s medical condition limits a major life activity, such as doing the necessary tasks that the work requires. To have a limitation in the performance of a major life activity is to have a disability.
Reasonable accommodation includes reasonable assistance that the employer extends to the employee, in order to enable the employee to do his or her job despite the disability. Depending on the employee’s specific restrictions and the employer’s circumstances, the following are examples of reasonable accommodation:
Granting or extending leave from work to allow medical treatments
Making facilities accessible to and usable by disabled individuals
Offering part-time or modified work schedules
Reassigning to a vacant position
Acquiring or modifying equipment or devices
“Under the law, if an employee’s disability or medical condition is not obvious, the employer may request the employee to provide reasonable medical documentation confirming the existence of the disability and the need for reasonable accommodation.”
Even if the medical condition does not limit any major life activities (i.e., there is no disability), the employee is still entitled to reasonable accommodation if, he or she needs to be absent from work for medical treatments or doctor appointments.
For the employer to provide reasonable accommodation to the employee, the employer must know that the employee needs such accommodation. The employer knows an employee has a disability when the employee tells the employer about the condition, or when the employer becomes aware of the condition, such as through a third party or by observation. Thus, if the employee’s disability becomes known or obvious, the employer must engage the employee in a timely, good faith interactive process to determine if reasonable accommodation can be made for the employee. The employer must start the interactive process.
Lastly, California law prohibits discrimination based on disability or medical condition. An employer may not terminate or demote an employee based on the employee’s disability or medical condition.
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The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost. You can contact the office at (818) 291-0088 or visit www.joesayaslaw.com or our Facebook page Joe Sayas Law. [C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully recovered wages and other monetary damages for thousands of employees and consumers. He was named Top Labor & Employment Attorney in California by the Daily Journal, consistently selected as Super Lawyer by the Los Angeles Magazine, and is the recipient of PABA’s Community Champion Award for 2016.]