5 C.F.R. § 339.302

Authority to offer examinations

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An agency may, at its option, offer a medical examination (including a psychiatric examination or psychological assessment) in situations where the agency needs additional medical documentation to make an informed management decision. This may include situations where an employee requests, for medical reasons, a change in duty status, assignment, working conditions, or any other different treatment (including reasonable accommodation or return to work on the basis of full or partial recovery from a medical condition) or where the employee has a performance or conduct problem that may require agency action. Reasons for offering an examination must be documented. When an offer of an examination has been made by an agency and the offer has been accepted by the applicant or employee, the examination must be carried out in accordance with the authorities cited in § 339.103. The results of the examination must also be used in accordance with the authorities cited in § 339.103.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2005–2022 · leading case: Davis v. Ashcroft, 355 F. Supp. 2d 330 (D.D.C. 2005).

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Davis v. Ashcroft, 355 F. Supp. 2d 330 (D.D.C. 2005). “, 5 C.F.R. § 339.302 (allowing the agency to offer a examination where the agency needs more information); MAOP, Part I 20-5.”

Tommie Savage v. Dep't of the Army (MSPB 2022). “579 , ¶ 27 (2012); 5 C.F.R. § 339.302 . Accordingly, we find no merit to this affirmative defense.”

Joseph Ferrante v. Env't Prot. Agency (MSPB 2022). “303(b) does not indicate that an agency may “designate” an employee’s yet unidentified personal physician as the examining physician; 3 The agency argues that under 5 C.F.R. § 339.302 , it has the option of offering an exam under certain conditions.”

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