In recent discussions, a number of employers have advised us that they are providing the Department of Labor’s (DOL) Family and Medical Leave Act (FMLA) medical certification forms to employees who have disclosed medical issues in situations where those employees are not eligible for FMLA leave (typically due to length of employment or the size of the location where the employee works). The employers say that they are familiar with the DOL form and that it asks the physician questions that are useful in determining whether the employee can be accommodated under the Americans with Disabilities Act (ADA).
