Legal Question in Employment Law in Florida
Is it legal to ignore medical documentation
I was diagnosed with a medical problem, my employer asked me to bring medical documentation of this problem. My diagnosis is about 5 years old, but it is a chronic disorder with no cure and will be with me for the rest of my life. My employer is refusing to acknowledge this documentation. Now I may lose my job due to the issues listed with my disorder, (I must take bathroom breaks when needed) Is this legal? With a chronic uncurable disorder do I have to constantly get updated diagnosis as my job is telling me to? please help me.
2 Answers from Attorneys
Re: Is it legal to ignore medical documentation
The situation you are in is indeed a difficult one. You should consult an attorney immediately for a formal opinion, as it is a very fact-intensive inquiry, involving laws such as the Family and Medical Leave Act and/or Americans with Disabilities Act. Please feel free to contact us for further assistance.
Re: Is it legal to ignore medical documentation
It depends on what has happened to this point. The employer has the right to seek documentation to ensure that you do in fact have a disability that requires accommodation. If they have asked for it recently, they can't keep asking for it over and over. But if yours is 5 years old, it is not unreasonable for them to seek updated info. (For FMLA other rules apply but in the least, new certifications each anniversary year are allowed.)
Bear in mind that just because you have a disease or impairment does not mean you are "disabled" under the law. For that, you have to be substantially limited in a major life activity such as brething, walking, seeing, eating, hearing, etc., but still able to do the core functions of your job (those which the job was created to do), with or without accommodation. As you can see, it gets complicated. And if your impairment is mitigated by medication or devices such as glasses, it also may not be considered a legal "disability".
If you get a doctor's note, have the doctor stick to the medical facts and not opine on the law or what the employer "must" do. What is the diagnosis, prognosis, and what effect does the impairment have on your life? Those are the items for the doctor to discuss. Also keep in mind that you will be "stuck" with this description so if it is not up to the legal standard, you will have trouble "undoing" it. You could have an attorney review it before submitting it if you want.
I hope that helps.
Jeff Sheldon
The Sheldon Law Firm
Caveat: This is general advice only and should not be relied upon as legal advice because all facts and circumstances are not known to the author.
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