Over the last three years, my health has deterioriated as a result of advanced COPD and now secondary pulmonary hypertension brought on by severe Valley Fever and subsequent ruptured nobes in the lungs caused by work exposed to/contacted infections, pneumonia, and environment exasperations (physical and stress).

For three years, my physician has had to send numerous limitations and conditions verbal instructions and letters to my employer, as, for the nearly seven years I have been with my company, I have worked an average of 50-60 hours a week (was told by my supervisor after employment started that I could only report up to 45 a week as a full time hourly/salary exempt employee). I am one of the top recognized performance employees in our region working for a global/nationally recognized company. I have an excellent attendance record and sick/vacation leave accrued, still. Since I was diagnosed with the secondary pulmonary hypertension, I have, by Dr. orders, had to limit my hours to 45 per week- this has only occurred for the last 6 months of my nearly seven years with the company.

My question is this: 1) my supervisor and HR responded to the last Dr's letter by stating that, 'in checking your timecards the last quarter, we show you only reported 45 hrs/week, so we have never asked you to work over 45 hours." When I responded that they knew I have only been allowed, per their own instructions, to only 'report' 45 hrs a week throughout my employment, they stated, "timesheets will not show that."

My 2nd question is: After the Dr. wrote the 45 hr/wk limit letter with very specific detail as to what my condition is (including that it is life-threatening), what my work limitations needs must be (re lifting, standing, walking, workload, stress, etc) during those hours based on my current 10/4.5 work week, my supervisor and HR then asked if their were limitations on the hours per day. I responded that the Dr.'s letter clearly had taken into account my current schedule and that it clearly identified that 45 hrs was a limit per week and that hours per day were only limited by the specific detailed physical/workload limits she had identified and that, as they know, more damage can be done in 2 hrs than 8-9 if those clearly identified physical limitations were not followed (by me or them).

Two weeks, ago, two key employees left another division and the supervisor, one that my own supervisor has repeatedly told me was recognized as incompetent and that our workload would be kept separate from theirs (I currently hold 4 positions within the company). My supervisor approached me and said that due to their failure on a project, I would have to add the unplanned and needed excessive workload and hours to my own and to 'play along' as the other division supervisor was not competent, I was, and that their supervisor (who oversees us both) said I had to 'fix' their issues. When I responded (first time ever) that my current workload was so excessive that week that I could not commit that time without jeaopardizing my own divisions' deadlines and health (I had major cardiology exams pre-scheduled that week), I was told the other supervisor would then have to reprimand me. I've always received outstanding reviews, so this was a shock. When I called my Dr and they insisted I decline, I did, stating why, again.

A week later, I received a reprimand letter saying that my performance has suffered. I 'just' received, less than a month ago, an excellent annual review. When I stated that it has actually excelled (deadlines met, contracts won, etc), they stated that it was due to not taking on additional workload (that would have violated my Dr.'s instructions and further jeaopardized my health).

Today, I received a call from my Dr.'s office stating that my work contacted them direct to ask them what my limit of hours per day should be. I have never signed any kind of rights or allowance for them to do this (at work or at Dr.'s office) and am shocked. That is what initiated me writing, today.

In summary (I know, thought we'd never get there <sigh><grin>), 1) do they have a right to ask me to take on additional workload responsibilities and hours and not report it that has/would/will exasperate my condition even further? and 2) Did they have a right to attempt to acquire/solicit further information with my Dr without my permission?

In 20 years of commitment and dedication to my work/field, I never thought I'd be asking these types of questions, but as I am now facing an unexpected and life-threatening condition, I sure appreciate anyone's experience and feedback on something like this. Thanks.

I don't know about AZ's particular laws on privacy of healthcare information, but HIPAA (the federal law: Health Insurance Portability & Accountability Act) does not apply to employers, only healthcare providers and agencies that do things, like billing, for healthcare providers.
Anyone can "attempt" to get someone's medical information (like when reporters call hospitals to try to get someone's status). If the medical provider actually gave your employer protected health information about you without your authorization, then they have violated the law, not your employer.
It was pretty (deleted) of your employer to do this, but not illegal, at least federally. See what others in your state might say about AZ's laws.

If you are telling your employer that you can not take on the increased workload because of your health, then yes, it is appropriate for them to ask if these new responsibilities are within the scope of what you can do. Knowing how many hours per day you can work is pretty basic. If there is no limit then the doctor should simply state that. If there is a limit, then your employer needs to know what it is.

Agreed.

You cannot ask for accomodation and then be surprised when your employer verifies that condition with your doctor.

Agree, but the original letter stated that the mandatory 45 limited hours per week, now, were based on the understanding that the current schedule had been changed to 10/4.5s, and that mandatory restrictions were primarily related to not allowing heavy lifting (I work for an engin. consulting svcs firm- mostly govt clients- I do everything from, simultaneously, mktg/bus devlp mgmt to statewide and interstate billable agency/public outreach (public mtgs, workshops, travel, etc), Sr. planner, and proj/prog finance on projects), excessive walking/standing, not allowing for unrealistic workload/deadlines that would induce excessive hours and stress (which, in the past, I thrived in, frankly, which is the trouble, now- the body cannot accommodate when that happens and collapses- actually black out from oxygen deficiency/heart). The doctor has also written three letters in three years (two of them, not necessarily by my choice- she found out I went to work, workshops, etc against her orders and ended up calling and faxing their versions of a 'stop- life-threatening-mandatory not to continue work environment' letters to my supervisor/HR." She also insisted that they not expose me to anyone with any kind of respiratory condition/infection and in both incidences when i was told I had to work over the holidays, OT with three staffers who either had active, severe pnemonia and/or whooping cough/bronchitus (and all were later hospitalized), I then immed. contracted infections and pnemonia from them shortly afterwards, which, the Dr. stated, caused the exasperation of my condition (rupturing of nobes and lung collapse). I promise you that I am a thoroughly Type A, dedicated and committed employee- not looking to get anything out of anyone. Just looking for advice as to how to address past issues leading up to current situation and how to address when still asked to violate Dr.'s very specific orders that place me now in a very real (diagnosed with severe COPD/secondary pulmonary hypertension and congestive heart failure- and I'm only 39 and have never smoked, drank, 'anything' unhealthy to myself prior). You all have a lot of expertise and I'm sure have seen it all, but this is the first time (and in hundred years never thought I'd be asking) for best past (partic in unreported/pd wages and condition exposures) and current/future statement/next steps responses when asked to violate the very Dr.'s orders that I'm still having a hard time accepting, myself. Hope that makes better sense. Thanks and appreciate all your experience, expertise, and feedback.

What I'm getting from your posts is that you think your employer should simply provide you with whatever accomodations you tell them to and that they have no right to verify anything with your doctor; that the doctor should be able to put anything on paper and they must immediately comply with no questions asked.

The law does not require that.

One thing that is important to remember about ADA is that you don't always get the accommodation that you request. The employer is required to engage in an interactive process and come up with an accommodation that works. It may or may not be the one that's requested.

With regard to the "no extra hours" request, the employer may be trying to determine the accommodation that works. For someone whose doctor is limiting their hours because of a back problem, a reasonable accommodation might be a chair or a stool at the person's work station. For someone with diabetes who needs to leave to eat dinner and thus can't work late, a reasonable accommodation might be a dinner break or being allowed to keep snacks at their workstation. They are allowed to determine the underlying rationale behind the doctor's request and whether there are other ways to accommodate besides simply limiting the person's hours.

One thing that is important to remember about ADA is that you don't always get the accommodation that you request. The employer is required to engage in an interactive process and come up with an accommodation that works. It may or may not be the one that's requested.

With regard to the "no extra hours" request, the employer may be trying to determine the accommodation that works. For someone whose doctor is limiting their hours because of a back problem, a reasonable accommodation might be a chair or a stool at the person's work station. For someone with diabetes who needs to leave to eat dinner and thus can't work late, a reasonable accommodation might be a dinner break or being allowed to keep snacks at their workstation. They are allowed to determine the underlying rationale behind the doctor's request and whether there are other ways to accommodate besides simply limiting the person's hours.

Agreed.

A doctor's note does not have the force of law. Accomodations demanded by a doctor are only suggestions to an employer.

Thanks. Gosh, though...I think cbg/moderator did not understand my previous emails, though, as I had thought I had explained that my Dr. had, of course, (and on "over three" separate occasions), provide "in writing and on paper" very, very specific detail as to what my condition was/is, what their understanding of past and current schedule/hrs were/are, what hours and conditions needed to now and into the future be maintained, and what physical limitations and accommodations were necessary to maintain and not exasperate the condition...and, goodness, not that I just told them (work) what I felt I needed accommodation and expected my work to do it with nothing in writing and no verification. That would be, simply, bizarre. GoodIt just seemed that responder had been burned just one too many times by some kind of situation(s) or something one too many times to jump to such a quick, biased judgment/statement. Definitely has a pause for any kind of second approach/inquiries.... thanks to all, though. Appreciate it.

I can only tell you how your post came through to me.

Your post was very difficult to read (no white space, big block of closed text) and I won't say I couldn't have missed something. But there's no way of getting around the fact that the employer DOES have the right to clarify or verify with the doctor, no matter what the doctor may have put in writing before.