Are employers allowed to ask an employee for medical documentation for an extended absence?

In Colorado, employers are allowed to ask an employee for medical documentation if their absence is extended. This helps employers ensure their employees are taking the necessary time off to recover from an illness and the employee is not taking advantage of the system. Generally, employers have the right to ask for proof of medical need for any absence of three or more days. Employers should be aware of the Family Medical Leave Act that provides certain employees with up to 12 weeks of unpaid, job-protected leave for serious illnesses. Employers should also be aware of state and local regulations that may provide additional protections for employees taking time off for reasons related to their health. Employers should also be aware of wage payment and hour laws that may require them to provide paid and/or unpaid leave for employees who need to take extended time off due to illness. In Colorado, employers who have 15 or more employees must offer up to 48 hours of paid sick leave to their employees. The leave may be taken when the employee is ill or when they are caring for a family member who is ill. Employers should also ensure they are not asking for medical documentation in a discriminatory manner or in violation of any antidiscrimination laws. Colorado employers are not allowed to discriminate against employees on the basis of their medical status and they may not ask for more documentation than is necessary to verify the employee’s need for an extended absence.

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Are employers allowed to ask an employee for medical documentation for an extended absence?

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