Mont. Admin. R. 2.21.4114 - REQUESTING MEDICAL DOCUMENTATION
(1)
Medical examinations must be job-related and consistent with business
necessity.
(2) Agency managers may
request documentation from an appropriate health care professional when the
need for a reasonable accommodation is not known or obvious. If an agency
manager requests medical documentation, the manager:
(a) shall provide the request to the
applicant or employee in writing;
(b) shall explain the need for documentation
and limit the request to information about the individual's disability,
functional limitations, and the need for a reasonable accommodation to perform
the essential functions of the job;
(c) shall include a statement to the
applicant, employee, or health care provider to not provide genetic information
as specified under ARM Title 2, chapter 21, subchapter 40, Equal Employment
Opportunity, Nondiscrimination, and Harassment Prevention Policy;
(d) may not request more information than
required to support the need for a specific type of accommodation;
and
(e) may not request
documentation when the disability and the need for a reasonable accommodation
are obvious or when the individual has already provided sufficient information
to substantiate their need for a reasonable accommodation.
(3) If the individual does not provide the
requested documentation, agency managers are not required to provide an
accommodation. Agency managers may make exceptions if extenuating circumstances
prevent the individual from providing the documentation.
(4) Agency managers shall document the time
exhausted while waiting for documentation. This time does not count against the
agency's 30-working-day timeline to process the request.
(5) If an individual provides insufficient
documentation, the agency manager shall explain why the documentation was
insufficient and allow additional time to provide sufficient
documentation.
(6) Agency
management may require an individual to go to a health care professional of the
agency's choice when the individual fails to provide sufficient documentation.
If management requires an individual to go to a health care provider, the
agency shall pay costs associated with the visit.
(7) If an employee chooses not to see a
health care professional of the agency's choice and fails to provide sufficient
documentation, agency managers are not required to provide an
accommodation.
Notes
2-18-102, MCA; IMP, 2-18-102, MCA;
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