[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR825.115]

[Page 804]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 825_THE FAMILY AND MEDICAL LEAVE ACT OF 1993--Table of Contents
 
Subpart A_What is the Family and Medical Leave Act, and to Whom Does It 
                                 Apply?
 
Sec. 825.115  What does it mean that ``the employee is unable to perform 
the functions of the position of the employee''?

    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.