By Kelly Smith-Haley, Fox Swibel Levin & Carrol LLP
A recent case is a useful reminder that employers may in some circumstances require an employee seeking an accommodation or seeking to return to work following a leave to provide supporting medical evidence. But understanding all of the nuances of when employers can and can’t ask for medical documentation isn’t always straightforward.
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Foot soldiers
Lora Wheatley started working for Factory Card and Party Outlet in 1996. In March 2009, she injured her foot while at home. She was off work for a few days because of her foot injury but returned to work on March 27.
According to her primary care physician, Dr. James Bogan, she could return to work “without restrictions.” However, Wheatley couldn’t walk by the end of her first day back at work. She went back to Bogan’s office. This time, he provided a note stating she couldn’t return for a week and needed to see an orthopedist.
Wheatley continued to be off work in April. Factory Card sent a letter to her acknowledging she had requested leave under the Family and Medical Leave Act (FMLA) beginning April 8 and stating that she had 9.3 of her 12 weeks of FMLA leave remaining.
In addition, it asked her to have her physician fill out a “Certification of Healthcare Provider for Employee’s Serious Health Condition” form and return it within 15 days. The company also provided her with information on disability benefits.
Expiration date
Wheatley’s injury didn’t improve, and she continued to have numerous doctors’ appointments. Her FMLA leave was set to expire on June 13, 2009, when Factory Card provided her with an additional 4 weeks of leave, giving her until July 11, 2009. Factory Card told Wheatley her employment would be terminated if she didn’t return on that date.