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Content Last Revised: 11/17/2008 |
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Code of Federal Regulations Pertaining to ESA |
| Labor |
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| Wage and Hour Division, Department of Labor |
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| The Family and Medical Leave Act of 1993 |
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| Coverage Under the Family and Medical Leave Act |
29 CFR 825.123 - Unable to perform the functions of the position.
- Section Number: 825.123
- Section Name: Unable to perform the functions of the position.
(a) Definition. An employee is "unable to perform the functions of
the position" where the health care provider finds that the employee
is unable to work at all or is unable to perform any one of the
essential functions of the employee's position within the meaning of
the Americans with Disabilities Act (ADA), as amended, 42 U.S.C. 12101
et seq., and the regulations at 29 CFR 1630.2(n). An employee who must
be absent from work to receive medical treatment for a serious health
condition is considered to be unable to perform the essential functions
of the position during the absence for treatment.
(b) Statement of functions. An employer has the option, in
requiring certification from a health care provider, to provide a
statement of the essential functions of the employee's position for the
health care provider to review. A sufficient medical certification must
specify what functions of the employee's position the employee is
unable to perform so that the employer can then determine whether the
employee is unable to perform one or more essential functions of the
employee's position. For purposes of FMLA, the essential functions of
the employee's position are to be determined with reference to the
position the employee held at the time notice is given or leave
commenced, whichever is earlier. See Sec. 825.306.
[73 FR 68082, Nov. 17, 2008]
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