Am I required to accept a medical certification of disability from an acupuncturist and other nontraditional healthcare providers?

Yes, a medical certification from an acupuncturist is acceptable under the California Fair Employment and Housing Act (FEHA), which protects employees in California from discrimination related to their disabilities. The FEHA provides employees with a disability with protections similar to those provided by the federal Americans with Disabilities Act.

The regulations implementing the FEHA allow an employer to require an employee with a disability that is not readily identifiable to provide medical certification of the disability from a “health care provider” before beginning the interactive process of determining the reasonable accommodation of that disability.

The definition of “health care provider” set forth in FEHA regulations includes not only a medical doctor, but also a marriage and family therapist or acupuncturist, licensed in California or in another state or country. Also included are any other persons who meet the definition of “others capable of providing health care services” under the federal Family Medical Leave Act and its implementing regulations. These other health care providers include podiatrists, dentists, clinical psychologists, optometrists, chiropractors, nurse practitioners, nurse midwives, clinical social workers and physician assistants.

Be careful not to dismiss notes from nontraditional health care providers when requiring your employees to provide medical certification of their disabilities.

Read more about Disability Documentation in the HR Library.