Can my job require me to obtain a letter from my doctor about my health and treatment?

This is a common issue and one which I see in my practice nearly every day.  While the ADA and other provisions (HIPAA for instance) prohibit the disclosure of medical information, and prohibit an employer from asking medical questions, it is critical for an employer to know whether the employee can safely perform the essential functions of his/her job, and whether an accommodation may be required.  In order to do this, the employer must have at least some information related to the employee's condition and what absences might be anticipated. We suggest that the employer request the employee's physician provide a fairly simple certification that the employee is able to perform the essential functions of his/her job, and if restrictions exist, what those restrictions are.  In that way the employer and employee can engage in a conversation regarding whether an accommodation is necessary, and if so, what it may be. In addition, if the treatment will require periodic absences, and the employee is eligible for FMLA leave, the physician will be required to provide medical information regarding the course of treatment (i.e. how long the treatment may last, what the schedule of appointments may be, whether the treatment will interfere with the employee's ability to do his/her job, etc.) and will be required to provide this information on a periodic basis.  If the employee fails to provide this information, the employer has no way of knowing whether the employee will be able to work and therefore cannot properly schedule work to be done and staff the projects.