Can an employer ask for medical information from an employee?

In Florida, employers generally cannot ask for medical information from employees. However, in some cases, employers may be permitted to make such inquiries. Federal laws, such as the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), provide situations in which employers may ask for medical information from employees. For example, under the ADA, employers may require medical examinations as long as they are job-related and consistent with business necessity. This means employers can only require medical information and examinations related to job-specific conditions, such as when hiring a bus driver or a lifeguard. In addition, employers must make sure that any medical information they obtain is kept confidential, and that they do not take any sort of discriminatory action against the employee. Under the FMLA, employers may require employees to submit medical certification for any leave taken for a health condition. The employer may also be allowed to request additional medical information if they have a reasonable belief that additional information is needed. In general, employers in Florida must be careful when asking for medical information from employees and should only do so when it is absolutely necessary and legal. Employees in Florida also have the right to ask their employer why they need the information and refuse to provide it if they believe it is not necessary.

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