Migraine, accommodations at work
Do I have a right to refuse to see company -- or in this case the government -- doctors when seeking an accommodation? I thought I just needed to give my supervisor my doctor's letter. Because of a separate problem (a foot injury), I had to go to the base doctor I was told to come back to duty. (I was already back to work.) While there, I was told I now have to go back to my doctor for another note that says I have a permanent disability seeking accommodations. I've worked this limited schedule for a year and a half. I think they're into semantics now here because he already wrote that my conditions (migraine and fibromyalgia) are on-going and I'm not making progress. Further, I am waiting for this same clinic to send my disability package to OPM.
Hi SusieB,
I don't know the answer to your question, I wish I did. I will make sure it gets to an expert who can help you. I just didn't want to leave you hanging any longer.
Good luck
Nancy
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Dear SusieB -
The answer to what your employer can require here depends on what exactly you are asking for. I'm not clear on whether you are asking for accommodations under the ADA, See Working with Migraines: Rights Under the Americans with Disabilities Act, in order to make it possible for you to continue to perform the job, or whether you have Family Medical Leave Act (FMLA) status, allowing you 90 days of unpaid time off per year, or whether you are seeking some other kind of partial disability status offered by the military.
In general a medical exam is not required to request an accommodation under the ADA, but employers are not required to grant a specific accommodation (they can eveluate your request and offer an alternative), and there is a fair amount of flexibility granted to them under the law. The EEOC's ADA guidelines state:
"Employers may conduct employee medical exams where there is evidence
of a job performance or safety problem, examinations required by Federal
laws, examinations to determine current fitness to perform a particular job,
and voluntary examinations that are part of employee health programs."
Americans with Disabilities Act Questions and Answers. Is the exam they want to conduct required by Federal law, or necessary to determine your fitness to perform your job? If so, they can probably require it.
Under the FMLA, on the other hand, your employer can require second and third opinions (paid for by the employer) of your disability or medical condition, and periodic re-examinations to determine if you are still entitled to leave.
If this is some other type of medical or partial disability leave offered you through the military there must be rules for the particular type of leave which would govern.
Good luck to you!
- Megan
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