Denied Medical Leave Post-Op, Still Recovering

[puroticorico]

Hi fellow nurses,

Last week I had a fundoplication with hiatal and umbilical hernia repair. I had to use all my remaining PTO to cover last week but have now run out. My doctor submitted the FMLA (medical leave) paperwork for me to be off work, however, my employer denied medical leave due to being 50 hours short of the requirement. Now I am a week in and suppose to return to work tomorrow, however, I am still suffering from Dumping Syndrome, incisional pain and the inability to lift anything over 10 pounds. My hospital insists that I return to work on Thursday (tomorrow), otherwise requires me to resign. Is this right? Isn't there anything else I can do since I am not medically cleared by my surgeon, which won't allow me to become medically cleared by the hospital's employee health nurse? Please let me know what you think

[Mandychelle79, ASN, RN]

I worked at a company that was like this. If you didnt qualify for FMLA or your FMLA ran out, you were encouraged to resign, because then you would be eligible for rehire once cleared to come back to work. Yeah you could have them fire you, to be able to get unemployment, but right now you cant claim unemployment because you are not available for work. And they will fight it saying you were a no call/no show and quit. In this circumstance I would resign and then be rehired when available to work again.

[BlueDevil,DNP, DNP, RN]

So what happened?

I'd have made them fire me. Are you eligible for unemployment benefits? I was wondering if that is what they were trying to avoid paying. Well, if so, I'd collect them while I took my time looking for a better work environment, because that is ridiculous.

Get well soon.

[ComeTogether, LPN]

Yep, I was just "terminated" because my FMLA ran out before I was cleared for full duty. Unfortunately, If they want to be sticklers about your leave, they can. They also have the ability to hold your position if they want to. Unfortunately most facilities have a black and white policy where FMLA can't be taken unless you meet the requirements and they aren't under any obligation to hold your position if you aren't able to work full duty. In most states, however you will qualify for unemployment as soon as you are able to work. Also, if you have short term disability insurance, now is the time to call them.

[ZooMommyRN, ADN, RN]

This is how my facility is as well even with maternity leave if you haven't been there 2 years for short term disability, our unit had a baby boom and they've all come back no problem under the same rules, we've had a few medical too, depends on your relationship with the manager. Good luck!