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Andrea, Esq.
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An Hr Manager where I work recently demanded I start working

Resolved Question:

An Hr Manager where I work recently demanded I start working 1 hour later than my normal start time which I had been following for the past 8 + years. She told me there was a standard starting time for my shift, that everyone needs to follow. I told her that there are many employees who work at different start times and that I didn't find any standard time set down in our written policies. I believe this was being requested by a first shift senior employee who said I was in his way, however, for 8+ years with an additional previous staff of 3 more employees than currently exist, I was not. I told her I have multiple medical issues which should be considered,... and other employees have been accommodated for reasons such as walking a dog at lunch, or allowing an adult child to use their car during standard starting times, and were accommodated. I was told I could contact our health services and submit a Doctor's medical record restriction from my doctor to maintain my current start time. I called Health services and they first told me a simple note from the doctor that would be faxed in would suffice. I got a note from my doctor that stated my start time should not be changed for my multiple medical reasons, and I submitted the note. I told the health services nurse, that I didn't want them to contact my HR manager, as this HR Manager was rude to me and I had already logged a complaint with our ombudsman office as well, The health service nurse said she needed to contact that manager anyway, to get an approval of accommodation for my new restrictions, which maintained my normal start hours, and would then she would call back. I then got a call stating that I would also need to get a duration of restriction and a diagnosis of my conditions written on the Doctor's note, and then got a short interviewed about what kind of illness I thought I had which would require my start time not to change to an hour later. ( I work 2:30pm till 12AM now), I said I had multiple problems and that it was protected info, She said as our nurse in health care dept, she was excluded from Hippa. She then tried to tell me that she had been asked to change her working times and had to comply, and so should I. and I mentioned the other peoples accommodations again like walking the dog at lunch, and that mine were more serious and medical, and I even have 2 dogs also..and I was only asking to maintain status quo, for my medical well being. She then pressed me on when my time had changed from the "normal time" as stated by HR, to my current time, and I said tnhat my time was always set this way with the exception of only the first few months when I started employment and trained on an early day shift. but after that I was on this time over 8 years. She said didn't this time just change when My Mother died and I was taking care of her prior to her death a few years ago? and I said no, It was long before that. The only way she would have known to ask that question was that she was in contact with the rude HR manager, who was resisting my wishes to maintain the same status start time, in order to accommodate another day time employee's wishes to make me start later who also had a different than standard start time. I asked her as a health services nurse would she have any problems with my doctors notes as long as the management accommodated me? She finally said she would have no problem. After another Management HR private, conference without me, I was told they would accommodate my status quo, but I still needed another doctor's note with A duration set by the doctor along with a medical diagnosis. 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 (which include post CABG care) david
Submitted: 9 months ago.
Category: Legal
Expert:  Andrea, Esq. replied 9 months ago.

Hi, my name is XXXXX XXXXX I will do my best to help in any way that I can,

 

You asked,

 

"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 ?"

 

Answer

 

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",

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

 

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Thank you for allowing me the opportunity to assist you,

 


ANDREA

 

Customer: replied 9 months ago.

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?

Expert:  Andrea, Esq. replied 9 months ago.

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,

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

 

Thank you for allowing me the opportunity to assist you,

 


ANDREA

 

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11580
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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