Legal Question in Employment Law in California

Supervisor Requires Doctor Note for common medication side affect

Hello,

I recently confided in my supervisor that I was going to be taking Prozac for anxiety related issues.

This was approximately one month ago. One of the side-affects is constant drowsiness.

For the first time in a month I called in late by 3 hours and my Supervisor requested that I obtain documentation from my doctor stating that the drowsiness is in fact a side effect of the medication I'm taking.

Do I have to legally provide this paperwork? I almost feel that this is harassment considering this is the first time the medication has caused me to be late to work?


Asked on 1/25/05, 3:01 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Supervisor Requires Doctor Note for common medication side affect

It seems to me that it is to your benefit to educate your employer on the effects of the medication you already said you were taking to relieve anxiety.

While I do not know where this may be headed, nor whether you may eventually have a claim for disability discrimination, you have the responsibility to inform your employer that you have a disability and to request that the disability be reasonably accommodated. Excusing a periodic lateness, due to the drowsiness caused by the medication, could be one form of accommodation you would likely ask for, as long as it doesn't cause undue hardship on the employer.

Unless you have a good reason you do not wish to share this medical information, I do not see what the problem is.

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Answered on 1/25/05, 7:33 pm


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