JAN Newsletter - June 2022

Question

How much time do employees have to return medical documentation when they request accommodations under the Americans with Disabilities Act (ADA)?

Answer

The ADA does not specify a time frame for employees to return medical documentation. When medical information is necessary, employers are not required to provide an accommodation until sufficient documentation is received. Some employers decide to set a reasonable time frame to avoid delaying the interactive process. JAN offers practical suggestions for handling delays in receiving medical documentation in the resource "Avoiding 'The Waiting Place' After Requesting Medical Information."

As employees continue to return to the workplace, some employers are reporting an increase in requests for temporary ADA accommodations. One issue that frequently comes up is how often employers may ask employees to recertify the ongoing need for an accommodation. JAN offers some practical tips to address this issue in the resource "Recertifying the Ongoing Need for Accommodation."

• Accommodation and Compliance: Medical Exams and Inquiries
• Preemployment Disability-Related Questions and Medical Examinations
• Disability-Related Inquiries and Medical Examinations of Employees

National Disability Employment Awareness Month 2022 Theme Announced

The U.S. Department of Labor announced that, in recognition of the vital role people with disabilities play in making the nation's workforce diverse and inclusive, "Disability: Part of the Equity Equation" has been chosen as the theme for this October's NDEAM. Read the news release here.

Register for the Next JAN Webcast
ADA Update, July 14, 2022, 2:00 PM - 3:30 PM Eastern

Learn from Jeanne Goldberg, Senior Attorney Advisor, Office of Legal Counsel, Equal Employment Opportunity Commission (EEOC), about the latest developments in the application of the Americans with Disabilities Act (ADA) in the workplace, some practical tips for compliance, and answers to tough ADA questions. Register today!

JAN Role Play Video Demonstrates Telework Accommodation Process

This video demonstrates that when an employee with a disability realizes benefits from teleworking that enable them to be productive, they may request this as an accommodation, even when a workplace policy or practice usually limits telework for employees without disabilities. View the video.

View June 2022 JAN Webcast

When might a personal use item evolve into a work-related item or reasonable accommodation? Learn the answer by viewing JAN's June Accommodation and Compliance Series webcast, "Personal Use or Reasonable Accommodation: What's What?"