Do I have to provide a reasonable accommodation if an employee refuses to give me a doctor’s note?

When an employee requests an accommodation for a purported disability, that triggers certain obligations for both the employee and the employer under the federal Americans with Disabilities Act and the California Fair Employment and Housing Act.

Under federal and state law, an employer may require a medical certification from a “medical provider,” as defined by the applicable regulations, before the accommodation is granted.

One of the first obligations for both parties is to engage in the interactive process to identify or implement an effective, reasonable accommodation. The law requires both the employer and the employee to exchange essential information without delay or obstruction of the process. (Title 2, California Code of Regulations, Section 11069(a))

As part of the interactive process, the employee is compelled to cooperate in good faith with the employer to complete the process.

Where the need for an accommodation is not obvious, the employer is authorized to request reasonable medical documentation to confirm the existence of the disability and the need for a reasonable accommodation. (Title 2, California Code of Regulations, Section 11069(d)(1))

If the employee continues to refuse to provide you with medical certification, she is refusing to cooperate in good faith in the interactive process. Where an employee refuses to cooperate in the interactive process, you, as the employer, will not be obliged to provide a reasonable accommodation.

Read more about Obligations of the Employee in the Interactive Process in the HR Library.