Insurance and Sick Leave

Insurance

Employers are not required to provide to individuals with disabilities additional insurance other than similar coverage provided to non-disabled individuals.  If health insurance coverage is limited to a certain number of treatments per year and an employee with a disability needs more treatments, under the ADA the employer is not required to pay for the additional treatments. Also under the ADA, an employer is not required to change insurance coverage if the current plan excludes or limits coverage for a new employee's pre-existing condition. 29 C.F.R. § 1630.5.

Sick Leave

Under the ADA an employer may—

• Request a doctor's note to justify an employee's use of sick leave.

• Request periodic updates when an employee is on extended leave because of a medical condition and has not specified a return date or has requested additional days of leave.

• Make a disability-related inquiry or require a medical examination when an employee who has been on extended leave for a medical condition comes back to work if the employer has a reasonable belief that the employee's present skill level is impaired by the medical condition.