continuing employment

[MeAgain...]

Hello, everyone.

I have a question in regard to ADA/employment (in the U.S.). I requested a reduced schedule to accommodate finding doctors and going to appointments. My employer agreed. No problem. Now the employer wants a letter from my doctor saying that I will not be a danger to myself or anyone else because of my condition (fluctuating heart rate). My doctor says that he cannot provide such a letter. Can they kick me out of work because of that? Do I have any recourse to keep working? Does anyone have any experience with this?

Thanks.

Meg

[Pistol]

Hello @MeAgain... - my employer had to accommodate a ton of adjustments so I could keep working, including several letters from my doctor stating what I can and cannot do. This went from changing shifts, schedule, work assignments - they even wanted me to use a wheel chair while at work due to my frequent faints. In the end I had to stop working because nothing they did to accommodate me helped. I am now on disability. 

When I went through all of this I was told by the employer that they are not allowed to fire me because of health issues. I do not think it is OK for them to ask a doctor to provide such a letter though. I know what they want - they want to have it in writing that you can keep working. Now  - if you had a rhythm problem like Vtach or your heart stops beating that would be different - those condition COULD be a safety risk. But if you do not have those issues then there should be no reason to ask for a letter like that. 

[RecipeForDisaster]

I had to get a letter from one of my cardiologists saying I was okay to go to work, because I kept passing out at work and scaring everyone. I’m working from home now, so they don’t mind anymore  I just make up the missed work and they never know. 

[MeAgain...]

I work in light assembly, so I think the concern on safety is that I would pass out onto a concrete floor, or onto tools or equipment around me. There is no accommodation that I have asked for that has been denied, it is just the letter of assurance from the doctor that nothing bad will happen that I can't get. I have had this condition as long as I have worked there, but it got worse lately after a short bout with a nasty virus and I have had to be more direct with them about my condition. I may be able to get a note from the specialist I will see in a couple of weeks. From reading your responses, it sounds like I might do better just by asking the specialist for a note on restrictions instead of a note with some sort of assurance. 

Thank you for the replies. This is helpful. 

[Pistol]

@MeAgain... - if this is your PCP that was asked to write the letter than he has to at least give you a letter stating that either you are able to work or not. This is one of the responsibilities that a PCP has, whereas specialists CAN refuse and ask the PCP to provide the documentation. 

Since you work in assembly - are you sitting down? That would be one step that could help you with the HR. 

[MeAgain...]

Good to know. 

I do sit at a workbench to work. I'd never be able to work standing up. Even on a good day I can't even think while standing. The boss raised his concern that my work area is a distance from the restrooms, from the break room, and from the entrance to the plant. He also raised the concern that I have to get up to retrieve subassemblies and to turn product in to QC. I'm seated for 90% of the day. Even so, it is for the other 10% that the boss wants something in writing. 

[yogini]

On 2/7/2022 at 2:21 PM, MeAgain... said:

Hello, everyone.

I have a question in regard to ADA/employment (in the U.S.). I requested a reduced schedule to accommodate finding doctors and going to appointments. My employer agreed. No problem. Now the employer wants a letter from my doctor saying that I will not be a danger to myself or anyone else because of my condition (fluctuating heart rate). My doctor says that he cannot provide such a letter. Can they kick me out of work because of that? Do I have any recourse to keep working? Does anyone have any experience with this?

Thanks.

Meg

Can you find out from your employer what the specific concern is?  Like do you operate heavy machinery or lift heavy items as part of your job?  Are you fainting?   Even healthy people have a fluctuating heart rate and millions of people with very high blood pressure - in danger of having a heart attack - all work. So it seems strange that your employer would need a letter from you.  

[MeAgain...]

I wanted to thank each of you for your responses. I found it quite helpful. I managed to get a letter from my doctor stating nothing more than I can work while going through the evaluation. So far, so good. My boss wanted to put me back at full time because the doctor did not give any restrictions. When I pointed out that a request for s shortened work day  was not due to needing restrictions, but rather an ADA request so I can seek medical attention., my request was approved and it has been going okay since then. I have since had my TTT which confirmed the POTS diagnosis. Now I just need to figure out how to deal with a medical condition that requires a low sodium diet with the high sodium needs for POTS. Problem is that a "balance" between the two means not treating either one. Again, thanks for the replies.