Hi, my name is XXXXX XXXXX X will do my best to help in any way that I can,
"Do you believe that HR would be allowed to pressure Health Services on the same job, to try to get them to bully me into capitulation with HR's demands regardless of my medical conditions ?"
The real issue here is whether or not you fall under the protection of the Americans with Disabilities Act (the "Act") and if you do, nobody can bully another department into intimidating you to work hours that are contrary to what your doctor says. If you have a disability that requires you to take medication at certain times of the day and the medications might affect the way you do your job, or some other medical reason that requires you to work certain hours (or, not work certain hours), then your employer must make "reasonable accommodation" for you because of this. Moreover, your employer cannot fire you because of this request. I am not asking you to disclose anything in your medical history, that is not necessary. It is only necessary for you to ask your treating physician to write a note to your employer that they should make "reasonable accommodation" for you because of your medical situation. Your medical condition should not have to be disclosed as long as your doctor confirms your request for "reasonable accommodation",
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The Health services at work were firm about requiring the duration of the restriction and the medical diagnosis be written on the doctor's note. Are you now saying I do not need to have the doctor say more than just a "reasonable accommodation" would they have reasons to deny me if I failed to produce a diagnosis that they may deem to be a disability? I am 58 with post triple bypass and palpatation and diabetes, anemia, fatigue, hypothyroid and hypertension and cholesterol, and take 7 different medicines before work and 4 in the evening. can you be more specific about what I should say to them? and has HR violated my HIPPA Privacy rights in probing questions to health services nurse?
Thank you for your follow up question and the chance to explain further,
Your doctor would have to put a diagnosis and why you need a reasonable accommodation. It is not an invasion of your HIPAA privacy for them to require this because without it, anybody can get a doctor to write a note asking for a reasonable accommodation. They cannot, however, disclose your medical information to anyone who is not making the decision of making a reasonable accommodation. As for the duration, your doctor can say that he does not foresee any change in your condition. It would be a reasonable request if your employer asked for periodic updates on your condition to which your doctor would simply write a note saying that there has been no change and that you still require a reasonable accommodation,
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