written up for having back pain

Nurses Disabilities

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I was written up for having too many occurences because I was out with back issues and had epidurals. I have never been written up for anything ever in 20+ working years. They say I did not qualify for FMLA. What do you do? Do I just take it and see my career go down the tubes or fight? I am just not sure how to fight anymore.

Specializes in Emergency.

Just because an employee isn't protected by FMLA for whatever reasons, the ADA is much more encompassing (namely the ADA Amendments Act of 2008) and applicable to many more employees. Without providing legal advice, I can tell you that in many circumstances the EEOC considers time off of work for medical treatment as a reasonable accommodation so long as the employee has an ADA-qualifying disability and the time off doesn't create an undue hardship for the employer. I would suggest that you consult with an employment law attorney about possible recourse that you may have. Good luck!!!

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Specializes in Dialysis. OR, cardiac tell, homecare case managem.

no new new except I lost my job so I will keep on fighting, I have to

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I would try to see if your condition would be covered under the ADA and see if you might have a case because you were fired because of your disability. If you are covered by ADA they are required to provide reasonable accommodation and I think that from the sounds of it they never explored that route.

Good luck to you. I'm sorry you lost your job but I hope you are able to find a new job quickly. With over 20 years experience I hope someone sees your value and wants to snatch you up quickly!

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Specializes in OB/GYN/Neonatal/Office/Geriatric.

I have chronic pain issues. My doctor wrote me FMLA papers that say I have flare-ups that cause me to have to take time off. Who determined, and what is the reason for, not being able to take FMLA? Good Luck.

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The person asking the question doesn't need advice about how to help her back pain (although it is sweet to want to offer something) She needs help on going after those JERKS! Nothing makes me more angry than giving your back to a profession just to be kicked down when you can't perform. Although they are being jerks, this is a good lesson for all you nurses out there to make plans for when your turn comes. What would you do if you are injured and can not work? Do you have LTD? If work related, who would you contact? How would you dispute? All good questions we all need to be asking ourselves because any one of us could be next.

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Workers comp is a joke don't put yourself through that hell. They don't care about you and will do everything they can to discredit you. The only answer I have is to suffer. I will never understand how health care professionals are treated so badly when they are injured by years of hard labor. But nothing matters but the bottom line.

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Please don't act like you can feel whatever other people are feeling. How long have you worked in healthcare? i doubt that you have worked long enough to have real pain.

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Specializes in Infusion Nursing, Home Health Infusion.

I have discovered that many employers WILL NOT help you work the system and many nurse managers do not even know what is available to employees with ongoing medical problems. I make it my business to find out and thus I have been able to help many of my co-workers stay afloat and keep their jobs! It is too late for you but you should have researched you administrative polices as well as state and federal laws that will protect you. I just helped by co-worker get a intermittent disability in which she can get 3 days a month OFF with pay (comes out of her sick leave bank) and it will NEVER count against the employes as a call in sick day. You may also been able to get a medical certificate from your MD and this will also allow you to call out sick without it counting against you. The certificates have an expiration and have to be renewed periodically.

They may have used this just to get rid of you so they could hire someone else that they get to pay less and not deal with the hassle of sick calls . Sorry for the loss and the next time please work the system so you are protected! You are too valuable with all that experience!

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Specializes in Dialysis. OR, cardiac tell, homecare case managem.

inforn43, I am not sure who you were referring to with "REAL PAIN". I have been in healthcare for over 25 years and believe me I know "REAL PAIN". I have had enough back pain and nerve pain to last a lifetime. I wouldn't have had 2 back surgeries and multiple ESI's unless I was in pain.

I "worked the system the best I could through all this and I followed the rules. It has been 1 1/2 years since my last ESI and so far so good. It has been a long road and I am finally in a new job and doing well so far. I am not sure what I should have done different but I hope I never have to go over a year without permanent employment again.

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