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), 42 USC 12101 et seq., and the regulations at 29
CFR Sec. 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. 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. 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.
