When an employee advises an employer about physical or mental health issues, the employer must carefully respond and be aware of the employee’s rights and the risks associated with asking the wrong question or taking the wrong action. Employees generally control the initial flow of information to the employer by, for example, providing return-to-work notes requesting accommodations in the workplace, or providing medical records and reports from possible expert witnesses in litigation.
Employers have the means for assessing this information and responding accordingly. Employers do not need to accept this information at face value, however, as they also have significant rights to independent reviews of an employee’s medical condition both during employment and during litigation. Recent cases from the federal courts provide guidance as to how and when to conduct such an independent medical review.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
