Can my employer request a new medical certificate while i am already working under one.

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my employer request a new medical certificate while i am already working under one.

several months ago i was diagnosed with sleep apnea. The issue caused me to have
occasional seizures in my sleep. My employer had me turn in a medical
certificate to show i was fit to work, and things seemed normal. Last week a
seizure happened. My manager got wind of it and requested that i turn in a new
certificate and says i can not work until i do. Is this normal or should i be

Asked on March 3, 2017 under Employment Labor Law, South Dakota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is reasonable: you state that you just had a seizure. Having  seizures can be disruptive at work and can poses risks of liability to the employer, if the seizure causes you to inadvertantly injure another, damage property, or even hurt yourself on the employer's premises. If they are aware that you  had a seizure, they can keep you out of work until they get some indication that it is safe for you to be there. Medical conditions evolve over time--some getting better, some worse. There is no reason why an employer cannot require an update; the original certificate does not necessarily "last" forever, as medical conditions change.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption