"May an employer require an employee on leave because of epilepsy to have a medical exam or provide documentation before allowing her to return to work?"
Yes, if the employer has a reasonable belief that the employee may be unable to perform her job or may pose a direct threat to herself or others. However, the employer may obtain only the information needed to make an assessment of the employee's present ability to perform her job and to do so safely.
Example: A pool cleaner called his supervisor on Monday morning and told him he was taking sick leave because he had a seizure over the weekend -- his second in six months. Given the safety risks associated with the pool cleaner's job, the employer may ask him to have a medical exam or provide medical documentation indicating that he can safely perform his job without posing a direct threat before allowing him to return to work.
Example: A cashier, who has occasional nocturnal seizures, took two weeks off to adjust to a new medication. She works the day shift and never has been late for work, never has had difficulty performing her duties, and never has had a seizure on the job. The employer may not require the cashier to have a medical examination or ask her for medical documentation before allowing her to return to work because there is no indication that her epilepsy will prevent her from doing her job.
Example: A budget analyst with epilepsy has a seizure at work. She explains to her manager that following a seizure she is typically very tired and needs to rest for several hours. She says that she will be fine the next morning and will be back at work, but asks if she could call someone to drive her home and take off for the rest of the day. Because there is no reason to believe that the analyst will be unable to do her job or will pose a safety risk, the employer may not require her to submit a doctor's note clearing her to return to work the next day.
