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Is this a fair practice??



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  #1  
Old Dec 16, 2007, 10:40 PM
Registered User
Join Date: Feb 2006
Is this a fair practice??

I'm not sure I'm posting this in the right place but here goes. Just want opinions on this situation.

In August I had surgery that required me to be out of work with no lifting for a week and light lifting for the next three weeks, then normal activity. I went to my manager and asked her if I could come back in a week to light duty such as in a different capacity or as team leader, or any other area they could use a nurse in a non lifting capacity. I even asked if I could take patients that did not require lifting or pulling up in bed. I was told NO. The hospital has a strict policy that states if you cannot lift 50 lbs, you cannot work the floor (med/surg). Today, I show up to work to find that I had been replaced as team leader by another nurse, who had surgery on her arm and could not take a full patient load or lift with her left arm. She had obtained special permission from this same manager to be team leader and take one or two patients that did not require lifting. I instantly saw red as the three weeks off, had been hard on my finances. Is this a fair practice? Or am I just being petty?

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  #2  
Old Dec 16, 2007, 10:48 PM
nyapa (Female)
My baby...
Join Date: Dec 2003
Re: Is this a fair practice??

I don't think you are being petty. I think you have been treated very unfairly. Is there any recourse?

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  #3  
Old Dec 16, 2007, 11:03 PM
Registered User
Join Date: Apr 2006
Re: Is this a fair practice??

I realize it doesnt seem fair and it isnt IF the both of you were off without either injury requiring surgery resulting from a workers comp claim. If your co-worker's injury/surgery resulted from a worker's comp claim then yes the hospital has every right to find a light duty position for her however if it wasn't a workers comp injury then I'd be checking with your human resources dept to find out why she received different employment options than you.

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  #4  
Old Dec 17, 2007, 12:21 AM
Registered User
Join Date: Feb 2006
Re: Is this a fair practice??

Neither of us had work comp injuries.

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  #5  
Old Dec 17, 2007, 12:46 AM
Senior Member
Join Date: Jul 2007
Re: Is this a fair practice??

I don't think you are being petty. I had a similar issue at my last job. I was told light duty when I hit 26 weeks pregnancy with my twins. They said no...they don't do "light duty" ..and if I couldn't lift then I needed to be put on leave. I wasn't even allowed to decide...just marked off the schedule as start date of my FMLA. When I returned....I found one of my co workers on light duty due to a back injury....that happened at home. I was irritated...but since I was halfway through school...and already knew I woudln't work there when done...I just stuck it out.

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  #6  
Old Dec 17, 2007, 05:05 PM
jnrsmommy (Female)
Registered User
Join Date: Mar 2003
Re: Is this a fair practice??

That's crazy. I would definitely be trying to find out why it's acceptable for your co-worker and not you. I had a spiral fracture of my tib/fib that I sustained at home. Luckily the doc did not operate (he was a quack w/ major post-op infection issues) and just put me in a walking boot and said that I could go back to full duty (this was the surgeon mind you). I was in tears within the first 30min. Luckily, my manager saw me, immediately put me to work as the secretary and got a hold of my pcp and got me a light duty order.

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  #7  
Old Jan 02, 2008, 12:57 PM
Registered User
Join Date: Jun 2006
Re: Is this a fair practice??

Originally Posted by lorster View Post
I'm not sure I'm posting this in the right place but here goes. Just want opinions on this situation.

In August I had surgery that required me to be out of work with no lifting for a week and light lifting for the next three weeks, then normal activity. I went to my manager and asked her if I could come back in a week to light duty such as in a different capacity or as team leader, or any other area they could use a nurse in a non lifting capacity. I even asked if I could take patients that did not require lifting or pulling up in bed. I was told NO. The hospital has a strict policy that states if you cannot lift 50 lbs, you cannot work the floor (med/surg). Today, I show up to work to find that I had been replaced as team leader by another nurse, who had surgery on her arm and could not take a full patient load or lift with her left arm. She had obtained special permission from this same manager to be team leader and take one or two patients that did not require lifting. I instantly saw red as the three weeks off, had been hard on my finances. Is this a fair practice? Or am I just being petty?
__________________________________________________ __________

You're not being petty! The manager needs to become familiar with national labor laws (and soon). You will help others whose health becomes limited, and avoid future mistakes. It may be hard to be anonymous, but in good workplaces, people want to have informed leadership.

Go on line, and you'll find one that applies, regarding temporary work assignments. I wouldn't give it to the manager, though, as he/she's demonstrated that you're not her favorite person - the new team leader is.

Make a formal short complaint in writing to Human Resources, with a copy of the law attached. They should want to know the favoritism that is being shown, and recommend changes for the manager. They will also appreciate it that you're being helpful, rather than vengeful.

If you have a union, there should be a "shop steward" who can represent your need for fair treatment, if the above isn't effective. The Employee Health Nurse is actually the first person you contact when such a situation comes up, as there are forms he/she has to have completed for that.

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