Integrated Medical Leave and Accommodation Management System™

Employee ADA Non-Compliance: Next Steps

First, Mei is going to want to communicate directly with Janelle, in writing and in person, to confirm she requires med confirmation and clarification of the job functions Janelle is unable to perform or what restrictions prevent her from remaining at work for 8 hours.

If Janelle continues to ignore Mei’s request for additional medical clarification and does not act in Good Faith, then Mei may need to deny Janelle’s ADA leave request for failure to engage in the Interactive Process, provide objective medical documentation confirming the need for the accommodation, and failing to act in Good Faith.

Create standard operating procedures that require employees to consistently provide medical documentation for ADA requests in a timely manner. Make sure you are implementing a compliant system, requesting objecting data to confirm how the employees disability impacts their ability to perform the essential functions of the job, documenting your Interactive process Good Faith Meeting efforts, and know what to do when an employee pushes their leave boundaries.

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