Legal Question in Employment Law in Georgia

Your employer can generally require back up information from a medical provider if a medical issue interferes with work. You did not provide any details about how it relates to work.

Under the Americans with Disabilities Act, an employer may not ask an employee disability related questions - questions that are reasonably likely to lead to the disclosure of a disability- unless those questions are job related and consistent with business necessity. These protections apply whether or not an employee has an actual disability or record of disability.

An employer is entitled (with proper notice to an employee) to require medical documentation for leaves of absence or for work place accommodations requested by an employee, or to require a medical examination if the employer reasonably believes - based upon the employee's conduct or changes in conduct- that the employee has an impairment that may prevent him from safely performing his job.

An employer is not entitled, however, to seek more information than is necessary to determine whether the employee is entitled to the accommodation sought or to determine whether the employee can safely perform his job duties.

For more information, you may wish to search the guidance posted with respect to medical examinations and inquiries under the ADA at www.eeoc.gov.

Mr. Riddle is right that the answer depends upon the context in which the question is being asked.

Why was your supervisor asking you for that information? Had you requested permission to take Family Medical Leave under the Family Medical Leave Act ("FMLA") ? If so the only medical questions that your employer can ask are those that are necessary to determine whether you have any "serious health condition," as defined by the FMLA which prevents you from working. The employer in such a case have the right to know the type or nature of the serious mental or physical health condition that requires your absence from work. Hence, insisting that you tell him the type of doctor you are seeing would be illegal. Your employer only has the right to ask for such information as is required for certification of your serious health condition by your physician. The only types of information that he is permitted to request under the FMLA can be found on the FMLA certification form which is published by the US Department of Labor on its website www.dol.gov. Your immediate supervisor may not attempt to communiocate with your doctor to clarify information relating to a request for FMLA leave.

Ms. Golan also is correct in her analysis of the law under the Americans with Disabilities Act. So if you were asking for a reasonable accommodation for a disability, the restrictions on such questions are the ones that she identified.