Guidance for MEDICAL PROVIDERS
Tips for Completing Medical Certification Forms and Accommodations Notes
Under pregnancy accommodations law, the medical certification for pregnant and other pregnancy-related medical conditions must contain the following information:
The starting date that the reasonable accommodation became or will become medically advisable.
An explanatory statement as to the medical condition and the advisability of providing the reasonable accommodation in light of the condition.
The explanatory statement can be a simple statement that the physical or mental health condition is related to pregnancy/childbirth and meets the definition of a limitation. It does not need to include a diagnosis. See this blog for more information on what is considered reasonable documentation.
A description of the limitations and the accommodation(s) needed due to the limitations.
A statement that the accommodation is needed due to the limitation.
The probable duration that the reasonable accommodation will need to be provided (i.e., the estimated end date of the reasonable accommodation).
Note that the federal pregnancy accommodations law requires employers to provide accommodations for pregnant workers who need them, not just those with pregnancy-related complications.
Do:
DO use clear and legible handwriting. The form may be returned and need to be filled out again if the employer cannot read the handwriting.
DO be specific about the patient’s limitations and what accommodations are needed. When possible, suggest multiple alternatives.
DO check with the patient about what they want to disclose to their employer.
They may a) be comfortable sharing their condition and/or disgnosis, b) want to avoid stating their specific condition(s) related to pregnancy/childbirth, or c) not want to disclose that they’re pregnant/have a pregnancy-related condition.
DO identify an end-date for the accommodation(s). If you aren’t sure, you can do one of the following:
If it is a chronic condition that you are actively monitoring, you can use the date of the next appointment. If the need for the accommodation continues at the next appointment date, you can submit the accommodation letter with a new date.
If the limitation will reasonably continue throughout the rest of the patient's pregnancy, you can use the patient’s due date
Don’t:
DON’T recommend an accommodation without discussing possible accommodations with the patient.
DON’T draft a note that provides a detailed medical diagnosis but does not clearly explain the resulting limitation(s) and specific accommodation(s) that would be appropriate.
In fact, PWFA law specifies that related documentation does NOT need to include a diagnosis at all-- at minimum it must confirm that the physical or mental health condition is related to pregnancy and meets the definition of a limitation.
DON’T use vague expressions such as “light duty” or “until further notice.” These expressions are not specific enough and render the request more likely to be denied by the employer as unreasonable or not temporary.
Questions?
Contact First Shift Justice Project at intake@firstshift.org or (202) 664-9043