Q: “Can we refuse a request forfor a serious health condition when the physician has checked the box indicating that there is no part of that employee’s job that the employee is not able to perform? We included a copy of the job description with the we provided.” – Kary, Maryland
A: No, as long as you have no reason to believe theis fraudulent.
There are many kinds of serious health conditions for which an employee may be entitled to intermittent leave that don’t actually affect the individual’s ability to perform the job—as long as the employee takes the time off to participate in the treatment prescribed. For example, a recovering alcoholic may take intermittent leave to attend follow-up counseling, or an employee with failing kidneys may take time to participate in dialysis. Of course, you may not have enough information to understand whether this employee is entitled to intermittent leave, and in that case, the U.S. Department of Labor regulations offer you a few options that may be helpful.
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