Documentation is sufficient if it:

  • Describes the nature, severity and duration of the employee’s impairment.
  • Describes the activity that the impairment limits and the extent to which the impairment limits the employee’s ability to perform the activity.
  • Substantiates the need for the requested reasonable accommodation.

A medical certification should also provide the name and credentials of the employee’s health care provider. A “health care provider” may include a medical doctor (licensed in any state or country), a marriage and family therapist, acupuncturist, podiatrist, dentist, clinical psychologist, optometrist, chiropractor, nurse practitioner or midwife, clinical social worker or physician’s assistant.2

Documentation may be insufficient if it doesn’t specify a disability’s existence and explain the need for reasonable accommodation; if the health care provider lacks the expertise to confirm the disability; or if it appears to be fraudulent.3 If an employee or applicant submits insufficient documentation, the employer shall explain why the documentation is insufficient and allow the applicant or employee to provide timely additional information. If the employee doesn’t provide sufficient supplemental information, the employer may require the employee to go to an appropriate health care provider of the employer’s choice (see Physician’s Examination).

If an employee provides insufficient documentation, an employer must still accommodate that employee. However, accommodation in that instance is limited to only what’s supported by the provided documentation. If the documentation doesn’t support any accommodation, employers need not provide any.4

  • For reasonable accommodations exceeding one year, employers may ask for medical documents substantiating the need for continuing accommodation on a yearly basis.5

1. 2 CCR sec. 11069(d)(9)-(10)

2. 2 CCR sec. 11065(i)

3. 2 CCR sec. 11069(d)(5)

4. 2 CCR sec. 11069(d)(6)

5. 2 CCR sec. 11069(f)