written up for having back pain - page 2

by lawandaluxnurse

2,970 Views | 16 Comments

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? ... Read More


  1. 0
    Quote from monkeybug
    Why do you not qualify for FMLA? This is a legal issue, not something your employer can grant or withhold at their whim. I got in trouble for absences, and then promptly filed for FMLA. They couldn't touch me then, and I was scrupulously honest about it. Calling in for a stomach virus and calling in for the issue covered by FMLA were always distinguished by me.
    Not everyone qualifies for FMLA (a recent piece on NPR about the 20th anniversary of FMLA (this week) mentioned that only half the employees in the US qualify). You have to have worked for your current employer at least 1250 hours within the last year, and employers with less than 50 employees are entirely exempt from providing it. So, employers can't withhold it "at their whim," but plenty of working people just don't have it as an option.
  2. 0
    Quote from elkpark
    Not everyone qualifies for FMLA (a recent piece on NPR about the 20th anniversary of FMLA (this week) mentioned that only half the employees in the US qualify). You have to have worked for your current employer at least 1250 hours within the last year, and employers with less than 50 employees are entirely exempt from providing it. So, employers can't withhold it "at their whim," but plenty of working people just don't have it as an option.
    That's why I asked her why she didn't qualify. Employers have been know to try to give workers the wrong idea at the employer's expense.
  3. 1
    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!!!
    monkeybug likes this.
  4. 0
    no new new except I lost my job so I will keep on fighting, I have to
  5. 0
    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!
  6. 0
    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.
    Last edit by DSkelton711 on Feb 22, '13 : Reason: punctuation
  7. 3
    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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