My earlier post used an example of a meeting a health standard (no tobacco use) in order to qualify for a wellness reward. Is it possible for smokers to assert it is “unreasonably difficult due to a medical condition” or “medically inadvisable” to stop smoking?
A smoker certainly may claim that it is unreasonably difficult to stop smoking and demand an alternative standard. In this case, the employer has the right to request a statement from the employee’s physician verifying the unreasonable difficulty. The employee must bear the cost of any expense incurred in obtaining the statement. Once provided, the employer may then establish the reasonable alternative standard, such as attending smoking cessation classes. The key here is the word “reasonable”. It would be unreasonable, for example, for the employee to travel 10 miles a week and pay $50 for the classes.