I had surgery, now my employer won\'t let me work
I recently had neck surgery and have been off work for 8 weeks. My doctor released me but with 25 pound restrictions. The hospital i work for won't allow me to work with these restrictions. According to the family medical leave act, they only hold my job for 12 weeks. The doctor wants me on 25 pound restrictions for 3 months. I NEED to work. What do i do? They won't even let me work as a secretary or a patient sitter.
I don't see why they wouldn't let you. Aside from patient lifting, there isn't anything else over 25 lbs.
we have the MAP program which is where the doc has released you and they let you work as a unit clerk or office secretary or helping in nursing ed....you could check with an attorney.
If they give your job to some one else they still have to let you come back when an opening becomes availabe
was this due to a work related injury if so they have to hold the job for you or work you with the restrictions. i agree get an attorney there are some that give free consultations
My hospital is the same way. If you have been out of work due to surgery, an injury, an illness, etc.... You are not allowed to return to work unless you are able to return without any type of work restrictions.
I was told this protects you and the hospital, well that is what they say. If you return to work with lifting restrictions and in an emergency you have to go against your doctor's advice and you actually injure yourself, the hospital could be held liable. I don't know if this is the truth. This is what I have been told.
Might want to contact the ADA (Americans with Disabilities ACT). If this is a long term problem might want to apply for Long Term Social Security Disability Benefits. If you are legally Disabled then the employers are obligated to provide accomodations. It is a Federal Law. Might want to seek the advice of an attorney. Good luck.
I agree, I'd contact the ADA, then an attorney and find out what your legal rights are.
You can try contacting Donna Maheady, RN at:
ExceptionalNurse.com
13019 Coastal Circle Palm Beach Gardens, Fl 33410
(561) 627-9872 (561) 776-9254 (fax) (561) 776-9442 (TTY), Email: ExceptionalNurse@aol.com
http://www.exceptionalnurse.com/
******************************************************
She can point you in the right direction. You can also find more resources and articles at:
http://www.nursefriendly.com/disabled/
Hope that helps.
Andrew Lopez, RN
http://www.4nursing.com[ QUOTE ]
Shelly Levitt said:
Might want to contact the ADA (Americans with Disabilities ACT). If this is a long term problem might want to apply for Long Term Social Security Disability Benefits. If you are legally Disabled then the employers are obligated to provide accomodations. It is a Federal Law. Might want to seek the advice of an attorney. Good luck.
[/ QUOTE ]You have got to be kidding. I have never had an employer provide any kind of accomondations. Trouble with going onto SSDI is that you are stuck with that. They may offer other training. But, as a nurse you are pretty much done for. I was on SSDI many years ago due to an accident, DVR sent me to LPN school and after a few years I was able to get off of it. went through an ADN program with out any problems until I was hired by a hospital and they found out about my physical limitations (stairs, kneeling) made me go through a special test to see if I could do the job. Even though I had been working as an LPN for 14 years and went through the ADN program ( no problems with clinicals) I never hid my problem but often over looked it as I had been an LPN for so long and off of disability for so long. I had never required any accomondations. The last ten years has been a battle, I either get the people that are just plain rude and nasty ( actually making comments)to other nurses thinking it is quite hilarious to make my assignments so difficult that even they themselves would not be able to do it. I have been fighting this battle on my own for many years and that is because Nursing is my chosen profession. I am passed over for promotions even though I know that I am more than qualified for the job. Just my 2 cents on the topic of SSDI.
I feel so sorry for you.
I tripped over a computer cable in work and fell over behind a patient's bed. As fell I head butted the patient (a paralysed, sedated, ventilated ITU patient) and then landed on my hip - breaking it.
I am entitled to 6 months full pay (including night and weekend allowances) then 6 months of 85% pay then 12 months of 50% pay from then I only get statuatory sick pay. However, I am allowed to return to work when my GP and orthopaedic consultant says it's ok for me to return to restricted duties. I will still get my full pay which is protected.
If I can't return to work as an ITU nurse (i will be able to though, so it's not a problem for me) my NHS Trust must 'redeploy' me to another area that I can work in on at least my previous pay.
I have to say I feel very lucky. I get priorty treatment within the trust, physiotherapy etc. and they do all they can to get me back to work. They cannot give my job away until I am declared unable to return and then they have to find me something else to do.
That's the one pitfall to bedside nursing, once you knees or back start giving you trouble, your career on the floors is over.
Some are able to do case management, utilization review or something else that doesn't require patient contact, but most are not that lucky.
Hope things work out for you.
Andrew Lopez, RN
http://www.nursingentrepreneurs.comI agree with Andrew...facilities tend to treat us like the plague if we have any injury...specially an OJT injury. They simply don't want the risk, and unless one is in a protected class, there is not much one can do. If an injured nurse cannot meet the job description, employers have no obligation to retain. In my parts they don't even get into the 'whys'...they just 'found a better candidate'.
That said, keeping solid nurse contacts can help...after a back surgery and a car injury requiring neck surgery, I WAS able to keep working in nursing...but I DID have to pass a functional capacity evaluation and prove I could meet the lifting requirements. I'm convinced my good reputation and contacts played a huge role in my ability to stay on the job. 'Who you know' really does count.:)
I was hurt at work in August while lifting a patient and all went well in Minnesota. Everyone worked very hard as well as I to get back to work. Got the same job back and a promotion. ;)
kathy-j wrote:I was hurt at work in August while lifting a patient and all went well in Minnesota. Everyone worked very hard as well as I to get back to work. Got the same job back and a promotion. ;)
Minnesota is a union state where workers have rights. Not all areas are like this. Employee at will, nonunion areas (like Texas and much of the south) will not feel an obligation to an injured nurse, necessarily.
Consider yourself fortunate Kathy. :)
What if you had the surgery but you don't tell the hospital that hired you. Would that be okay?
- Vince
Trying to hide your having a surgical procedure, is probably not advisable.
If you were going for something minor like microliposuction, sure you could schedule around it, depends on the recovery time.
If you're having surgery that is going to interfere with your ability to work, you'll have a tough time hiding it and when they do find out, they'll be less likely to work with you.
Andrew Lopez, RN
http://www.nursinga2z.commy hospital just fired a nurse (who last year was the employee of excellence) she had knee surgery and was off work from ICU but she was able to continue teaching clinicals (which she had done before surgery) from a wheelchair. There is some wording in our hospital policy that says you can't work someplace else if off from your job which I don't think is totally fair working from a wheelchair is not the same as staff nursing on the floor.
cassioo wrote:my hospital just fired a nurse (who last year was the employee of excellence) she had knee surgery and was off work from ICU but she was able to continue teaching clinicals (which she had done before surgery) from a wheelchair. There is some wording in our hospital policy that says you can't work someplace else if off from your job which I don't think is totally fair working from a wheelchair is not the same as staff nursing on the floor.
Maybe because she didn't okay it before hand? I can understand that Hospitals might get upset if you are on sick leave and working somewhere else. But if this nurse had discussed it with her main emplower beforehand they might have okayed it...
vincent wrote:What if you had the surgery but you don't tell the hospital that hired you. Would that be okay?
- Vince
Was it before you were hired? Did they ask about it? If not don't feel guilty, and oh yea keep it to your self till they ask and when and if they do ask don't lie about it.
