What are my rights if my doctor refuses to sign my employer’s ADA workplace accommodation forms?

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What are my rights if my doctor refuses to sign my employer’s ADA workplace accommodation forms?

I moved across the state for a new job and I am getting workplace accomadtions for my disability. My employer requires signed documentation from my doctor. After several many unreturned phone calls with the office, the doctor finally acknowledged that he will not sign unless I come in and pay for an

appointment

Asked on June 13, 2017 under Employment Labor Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) The law does not require doctors to take their time filling out forms for patients without them and/or their staff being paid for their time. Remember: doctors are basically small businesses or independent contractors: Hypocratic Oath aside, they are in business to make money, and are not required to volunteer their time. Most doctors will do this for free--but they don't have to.
2) The employer is legally entitled to get medical verification that you require an accommodation--they do not need to consider your request without proof.
3) By the way, time off is generally not a "reasonable accommodation" that your employer needs to make.  A reasonable accommodation is something which lets you do your job--not something which requires the employer to hold your job while you are not working.
 


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