What are the rights of workers under the ADAA when an employer demands documentation after documentation in terms of your ailment?

UPDATED: Oct 1, 2022

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What are the rights of workers under the ADAA when an employer demands documentation after documentation in terms of your ailment?

I have been with the company for the past 9 years. I have been a valued employee for most of that time which is reflected in my evaluations. For about the past year and a half I have been battling MH problems that arose through deaths in the family. I have had all of my time missed from work excused by a doctor but am getting harassed each time I miss due to my disability. I am doing my best to work through my disability and remain employed. At this time, I feel I am providing them with the proper documentation of ailment but am being harassed. Do I have any legal rights here?

Asked on March 5, 2018 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

An employer is entitled to seek verification or confirmation that absences are due to an illness, including a mental health condition; the employer is not required to assume that every absence is automatically due to some condition you have (since people who have an ailment or condition do take time off for other reasons, too). As long as they honor your absence each time when you provide evidence of the reason for your absence, they do not seem to be doing anything legally wrong or actionable.

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 AttorneyPages.com 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.

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