Rule 2.21.4114 - REQUESTING MEDICAL DOCUMENTATION(1) Medical examinations must be job-related and consistent with business necessity.(2) Agency managers may request documentation from an appropriate health care professional when the need for a reasonable accommodation is not known or obvious. If an agency manager requests medical documentation, the manager: (a) shall provide the request to the applicant or employee in writing;(b) shall explain the need for documentation and limit the request to information about the individual's disability, functional limitations, and the need for a reasonable accommodation to perform the essential functions of the job;(c) shall include a statement to the applicant, employee, or health care provider to not provide genetic information as specified under ARM Title 2, chapter 21, subchapter 40, Equal Employment Opportunity, Nondiscrimination, and Harassment Prevention Policy;(d) may not request more information than required to support the need for a specific type of accommodation; and(e) may not request documentation when the disability and the need for a reasonable accommodation are obvious or when the individual has already provided sufficient information to substantiate their need for a reasonable accommodation.(3) If the individual does not provide the requested documentation, agency managers are not required to provide an accommodation. Agency managers may make exceptions if extenuating circumstances prevent the individual from providing the documentation.(4) Agency managers shall document the time exhausted while waiting for documentation. This time does not count against the agency's 30-working-day timeline to process the request.(5) If an individual provides insufficient documentation, the agency manager shall explain why the documentation was insufficient and allow additional time to provide sufficient documentation.(6) Agency management may require an individual to go to a health care professional of the agency's choice when the individual fails to provide sufficient documentation. If management requires an individual to go to a health care provider, the agency shall pay costs associated with the visit.(7) If an employee chooses not to see a health care professional of the agency's choice and fails to provide sufficient documentation, agency managers are not required to provide an accommodation.Mont. Admin. r. 2.21.4114
NEW, 2011 MAR p. 1668, Eff. 8/26/11.2-18-102, MCA; IMP, 2-18-102, MCA;