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Is there a conflict between the FMLA provision allowing employers to ask for certification that an employee have a serious health condition and ADA restrictions on disability-related inquiries of employees?

Answer:

No. When an employee requests leave under the FMLA for a serious health condition, employers will not violate the ADA by asking for the information specified in the FMLA certification form. The FMLA form only requests information relating to the particular serious health condition, as defined in the FMLA, for which the employee is seeking leave. An employer is entitled to know why an employee, who otherwise should be at work, is requesting time off under the FMLA. If the inquiries are strictly limited in this fashion, they would be "job-related and consistent with business necessity" under the ADA.

Source:

The Family Medical Leave Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964. An 11-page fact sheet, in question and answer format, published by the EEOC. This fact sheet is available upon request in alternate formats. Write or call EEOC's Office of Communications and Legislative Affairs, 1801 L St., NW, Washington, DC 20507, 202-663-4900, 202-663-4494 (TTY)

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