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MEDICAL INQUIRIES

A supervisor may ask for documentation from a health care provider (e.g., doctor's note) to establish a need for leave (other than FMLA protected):

  • For absences in excess of 3 consecutive working days; or
  • In cases of suspected abuse of leave.

However, it is recommended that directed inquiries regarding an employee's medical information (e.g., fitness for duty, reasonable accommodation, FMLA certification) come from an agency's human resources staff and not a manager or supervisor.

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VERBAL

While an employee may choose to voluntarily provide medical information,  a supervisor should not ask (verbally or in writing) about an employee's or employee's family members' medical information.  However, casual conversation such as asking whether an employee or the employee's family member is "feeling better" is acceptable.

If an employee raises a medical issue, it is recommended to immediately contact your agency's human resources.

GENETIC INFORMATION

Genetic information is defined in the Genetic Information Nondiscrimination Act (GINA) as including:

  • An employee's or family member's genetic tests;
  • Family member's disease or medical condition (i.e., family medical history);
  • Request or receipt of genetic services by an employee or family member; and
  • Genetic information of a fetus carried or legally held by an employee or family member.

Genetic information may never be used to make an employment decision because it is not relevant to an individual's current ability to work.  Genetic information may not be requested in most medical inquiries, see the Genetic Information Nondiscrimination Act Employment Provisions Guide for State of Nevada Executive Branch Agencies for more information.

When a request for medical information is likely to result in an agency receiving genetic information, then the Sick Leave Documentation - GINA Warning (NPD-82) form should be used to warn the employee and his or her health care provider not to provide genetic information.

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