Questions and Answers: Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the ADA

DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS RELATED TO LEAVE

May an employer request that an employee provide a doctor's note or other explanation when the employee has used sick leave? (Question 15)

• Yes. An employer is entitled to know why an employee is requesting sick leave. An employer, therefore, may ask an employee to provide a doctor's note or other explanation, as long as it has a policy or practice of requiring all employees to do so.

May an employer ask disability-related questions or require a medical examination when an employee who has been on leave for a medical condition wants to return to work? (Question 17)

• Yes, if an employer has a reasonable belief that an employee's present ability to perform essential functions will be impaired by a medical condition or that he or she will pose a direct threat because of a medical condition.
• Any inquiries or examination, however, must be limited in scope to what is needed to determine whether the employee is able to work.