If employees provide insufficient documentation from their treating physician or other health care professional, you can require that they substantiate their disability and need for reasonable accommodation by visiting an appropriate health care professional of your choice. The examination must be limited to determining a disability’s existence and the functional limitations that require reasonable accommodation, and must be job-related and consistent with business necessity.

Employers must pay all costs associated with their health care provider’s examination1 and shall allow employees time off to attend the appointment. The employee may use sick time during the time off.

You can require that an employee whom you reasonably believe poses a direct threat to other employees be examined by an appropriate health care professional of your choice. You must base a direct threat determination on an individualized assessment of the employee’s present ability to safely perform the essential job functions. You must base this assessment on a reasonable medical judgment that relies on the most current medical knowledge and/or best objective evidence.

If you require physical agility or physical fitness tests, you can ask employees to have a physician certify if they can safely perform the test. Ensure that all fitness tests are job-related and consistent with business necessity.

You are entitled only to the information necessary to determine if the employee can perform the essential job or work functions without posing a direct threat. You aren’t entitled to the employee’s entire medical records.

For more information, see Medical Exams and Inquiries.

1. 2 CCR sec. 11069(d)(7)-(8)

Documentation of Disability

Physician's Examination

Documentation of Disability