written up for having back pain - page 2

by lawandaluxnurse

3,989 Views | 20 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. 1
    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.
    TriciaJ likes this.
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    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.
    TriciaJ and toomuchbaloney like this.
  3. 3
    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!!!
    TriciaJ, toomuchbaloney, and monkeybug like this.
  4. 1
    no new new except I lost my job so I will keep on fighting, I have to
    toomuchbaloney likes this.
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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!
    TriciaJ and toomuchbaloney like this.
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    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
    Muser69 and inforn43 like this.
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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.
    inforn43, Sisyphus, brandy1017, and 4 others like this.
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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.
    brandy1017 likes this.
  9. 0
    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.
  10. 0
    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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