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White female doctor with brown hair smiling and speaking to a patient. The patient's face is not shown.White female doctor with brown hair smiling and speaking to a patient. The patient's face is not shown.
White female doctor with brown hair smiling and speaking to a patient. The patient's face is not shown.

Can my company require an employee to go to a health care professional of the employer's (rather than the employee's) choice for documentation purposes?

TLDR; Yes, if there is insufficient documentation. In this case, the employer would be required to pay for the employee’s visit.

Team Disclo
March 26, 2024

Per the ADA, an employer can require their employee to go to a health professional of the company’s choice if the individual provides insufficient information from their medical professional. If the employee provides insufficient documentation in response to the company’s initial request, the company must explain why the documentation is not sufficient. The employer then must allow the employee to provide missing information in a “timely manner”. 

What is “insufficient documentation”? This is when the documentation does not (1) specify the existence of an ADA disability and (2) explain the need for reasonable accommodation.

If the employer decides to require a specific health professional, the request must be “job-related and consistent with business necessity”. (EEOC) This means that the exam must stick to the original purpose only, by determining the nature of the disability and the functional limitations. The employer must also pay all costs associated with the visit(s).

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