New Jersey Response Form for ADA Request from Medical Practitioner
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How to fill out Response Form For ADA Request From Medical Practitioner?
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FAQ
There is no required procedure for employers to follow, or medical certification form that must be used to obtain medical information for ADA purposes. Also, there is no ADA-required time frame for employees to obtain medical information requested by an employer after a request for accommodation.
Employers are required to provide reasonable accommodation only for the physical or mental limitations of a qualified individual with a disability of which they are aware. Generally, it is the responsibility of the employee to inform the employer that an accommodation is needed.
If an employee does not provide the information in a timely manner, it is up to the employer's discretion how to handle the situation, but we often suggest informing the employee in writing that the information was not received and that the employer is unable to proceed with the accommodation process until the
The ADA does not provide employers with unfettered discretion to decide what is reasonable. An employer may not rescind an existing reasonable accommodation, unless there is a material change in circumstances that warrants it.
Yes. An employer cannot ask for documentation when: (1) both the disability and the need for reasonable accommodation are obvious, or (2) the individual has already provided the employer with sufficient information to substantiate that s/he has an ADA disability and needs the reasonable accommodation requested.
Reasonable documentation means that the employer may require only the documentation that is needed to establish that a person has an ADA disability, and that the disability necessitates a reasonable accommodation.
According to the EEOC, there is no specific amount of time that employers have to respond to an accommodation request, but they should respond as quickly as possible. Unnecessary delays in responding or implementing an accommodation can result in a violation of the ADA.
What are the limitations on the obligation to make a reasonable accommodation? The individual with a disability requiring the accommodation must be otherwise qualified, and the disability must be known to the employer.
The ADA requires employers to treat any medical information obtained from a disability-related inquiry or medical examination (including medical information from voluntary health or wellness programs (9)), as well as any medical information voluntarily disclosed by an employee, as a confidential medical record.