So I've been floating between my main unit in CCU/CVICU and our covid ICU with no issues since the pandemic hit last Feb. Last month my heartrate started going erratic and turns out I was in thyroid storm (history of thyroid CA s/p thyroidectomy on Synthroid now). I remember showing up to work one day and the moment I got to the nurses station I started feeling palpitations and had to sit down.. I hooked myself up to the zoll with my charge nurse to find me taching in the 180's - I ended up going to the ED and getting IV labetalol. My endocrinologist does not want to lower my Synthroid dosage even though my last TSH is 0.06 due to high chance of cancer reoccurrence - so now I'm seeing a cardiologist and ended up being started on labetalol which has controlled my heart rate.
Around the same time, my charge nurse started refusing to float me to our covid unit, stating that due to my health she didn't want me to be exposed to it (our covid unit is still a lockdown unit where you get a single 30 minute break and wear the same PPE/gloves locked in the unit for the whole 12 hours straight... most people like myself bring our own N95's and envo masks as the hospital still only provides a single N95 per 2 weeks and 60+hours on a single n95 just doesn't cut it for me). When my charge stopped floating me to covid, she came up to me and asked me to get a doctors note from my PCP to justify her decision to not float me to covid anymore. I talked to my director about this and she is also in agreement that due to my health I shouldn't be floated to covid - so I went to my PCP and got a Dr's note. Fast forward a few weeks and now corporate is calling me and stating that due to how many people have Dr. notes excusing them from working on the covid unit, they have a form that needs to be filled out by the physician. The form is an ADA disability paperwork that is written in a way that makes it sound like I am incompetent. There's 17 questions, extremely repetitive, and all involve the doctor explaining why I need 'modifications to my daily routine at the hospital to allow me to perform my core functions as a nurse'. They also require a waiver to be signed that allows corporate full access to my medical records and to discuss my treatment with my doctors.
I called corporate to clarify the paperwork as I do not have a disability and I am not immunosuppressed; I have a history of thyroid cancer that has been treated and no longer an issue minus a little flareup that has now been taken care of. Its not my decision to not float to covid-ICU and I have no issues floating to work there.
Corporates response to my inquiry was "yes, you do have a disability as you can potentially get sick if you get covid due to your history with cancer, so have your doctor fill out the ADA paperwork as if you have a disability, and your disability is your cancer history". I feel like this paperwork will bite me in the butt in the future and am against signing a form that states I have a disability that inhibits me from performing my functions as a nurse and giving my medical records and access to future records to my employers when I am fully capable of performing the functions of my job and only 32yrs old. The form is due back to them today, still trying to figure out what or even if I should write to corporate. I feel like this is a complete violation of my personal privacy.
It seems like you need a note clearing you of any restrictions, and a way to officially note that your previous situation has been able to be clarified medically and further restrictions are not required. They may or may not appreciate that idea; they may see it as initially an attempt at getting out of something and then later an attempt at undoing that when pressed for more info.
This.
I'm sorry you got stuck in this position, but getting your doctor to clear you, and for you to state you don't and haven't objected to being floated seems reasonable. Get the managers that asked you for a note to put in writing they were trying to protect you and asked for the PCP letter, that you did not initiate it. (check with your lawyer!)
That stuff about only having 5 days to respond seems pretty iffy to me.
That's a no, walk from there if you feel it's not worth the fight but don't let them see your records. Keep all documents in case you need an attorney. I'm not sure I would provide anything from the doctor because that can backfire on you later. It's all too much. They can't firce you to submit anything. How can you provide documents that state your health is in perfect condition. A flare up could occur, then what?
That's a no, walk from there if you feel it's not worth the fight but don't let them see your records. Keep all documents in case you need an attorney. I'm not sure I would provide anything from the doctor because that can backfire on you later. It's all too much. They can't firce you to submit anything. How can you provide documents that state your health is in perfect condition. A flare up could occur, then what?
I was pretty shocked by the process, but researched it and found it was legal and had been going on for over a decade. I read about cases where workers were denied and terminated even in other fields than healthcare. Sometimes the EEOC would step in or other times the workers would sue if terminated and it didn't always end well.
Your medical records are supposed to be private for when you go on FMLA. But apparently there is a different standard when you are working, but asking for accommodations such as lifting restrictions or working 8 hours vs 12 or not being mandated 16 plus hours.
But what really shocked me was that my personal medical info was going to be shared with HR and my mgr, rather than simply employee health. That was over the top. I didn't know it at the time, but later found out she had told multiple new grads in the job interview she planned to get rid of the older nurses. So I was right not to trust the mgr as I had to work till the year I turned 55 in order to access my 403B without penalty.
But thankfully that's behind me. I made it to 55 and have retired. I love it, no stress, no nightmares. I especially love not having to listen to constant alarms. That is simply the best!
Specializes in Physiology, CM, consulting, nsg edu, LNC, COB.
I’m not an attorney and this is not legal advice, but your Atty will want this information more likely than not.
1) There is a particular legal definition of “disability” for purposes of employment and accommodation in the ADA. Ask them to give you a dated copy of their copy upon which they claim your “disability.” A bona fide accommodation (not going to a COVID unit) doesn’t address core nursing abilities- you can still function fully as a nurse anywhere else. This is like a pregnant nurse not working transplant r/t incr risk of CMV, not giving chemotherapy in oncology, or working c patients with radiotherapy implants or meds. Pregnancy is not a disability per se.
2) Ask for a dated copy of their criteria for “core activities.” Either they don’t have it in the CURRENT policy and procedure manual, or it is likely that your treating physician (and any independent physician they any require you to see for an eval) will sign off on your ability to meet them.
3) Your atty may ask for anonymized records of other nurses who were fired whose employment they have limited, to compare to your case. You won’t be able to get them yourself but the atty will.
I can’t wait to hear how this one pans out. It may be that a sharply-written letter from your atty is all you’ll need— but you will be a marked woman and ought to consider going elsewhere the day after you are reinstated without a negative note in your personnel file.
So first off, it sounds like maybe some miscommunication is happening in all of this, and the secret optimism in me wants to say that if your Dr. Provides another note clearing you to return to work as you have been all along, this will all go away.
However, that is a very small thought. I don't know exactly what is going on with your employer, but it sounds pretty ??? to me.
I have a disability that qualifies under ADA regulations. I have never requested accommodation at my current work for fear of it becoming a bullseye ? , but I have gotten FMLA leave, and requested ADA accommodation at school, and at previous jobs.
I know that I am NOT required to disclose the exact nature of my disability to my direct supervisors or instructor. I received a form letter to provide to instructors listing the accommodations I had been approved for. Any ADA paperwork or FMLA paperwork is not to be shared outside of HR/school ADA office, and must be stored in a separate file from my main personnel file. And as far as what is required for documentation, its usually a fairly lengthy form to be filled out by the hcp for ADA, and FMLA is a 2-4 page form to be completed by hcp. You should not be required to give access to any medical records outside of what is required to establish ADA necessity.
I'm waiting to hear how this one turns out. It sounds like your manager was trying to do what is in your best interest, but it backfired. Some nurses will work themselves into the ground if someone else doesn't notice and intervene.
Have you spoken to a lawyer? I’ve had issues like this in the last and wrote a letter citing the laws that protected me and poof, the problem with corporate went away.
I've been where you are. Corporations generally refuse to provide reasonable accommodation and instead look for ways to terminate. After the ADA was passed the US Supreme Court kept deciding in favor of corporate interests rather than following the law. Congress eventually passed new legislation that was written in a way that the court could no longer legislate from the bench. Still it remains difficult to deal with corporate greed. When I was younger after I had been discharged from the military I had a conversation with an underwriter for a major US insurance company who did not know my disability status. Like you I had an invisible disability. We were discussing insurance companies get stuck with fraudulent life insurance applications. She related that they once had a small business client who hired an individual with a history of heart disease. She said if they had known they would have advised the client not to hire the individual. I ended up working minimum wage jobs because back then companies were allowed to require an insurance application along with the application for employment. Needless to say I never got called back. I applied for a job with the Postal Service with my Veterans Preference. I completed the machine qualification with time to spare. I was then told they couldn't hire me because my condition might reoccur and it wouldn't be fair to the taxpayers for my to have 2 disability pensions. There were 2 others who were told the same thing. Years later that was changed.
The ADA did get me into nursing school. My career had its ups and downs. A few years ago I finally gave up fighting the system. I keep my license but no longer work.
I would suggest you consult an employment law attorney. Most practice on a contingent fee basis. They would be able to better advise you on your options. Good luck to you.
They can demand a note from your provider specifying your restrictions. They could then ask fora second opinion. THEY CANNOT DEMAND access to your medical records. This is something else entirely. Hopefully your attorney will start procedings promptly to stop the intimidation.
Specializes in Psychiatry, Community, Nurse Manager, hospice.
Wow! Incredible story. I hope it works out well for you. I would think that if your doctor clears you, you should be fine. But I have seen some nonsense.
Incidentally, at my last assignment, exemptions from working on COVID units had to be approved by occ health. Guess how many were granted? Zero. And the DONS made sure we all knew that. It was printed out and placed all over the place.
I just wouldn't sign it and tell them to float you. Get your doctor to sign off on you being medically able to float, they can't force you to have a disability if your doctor says you don't.
Definitely consult an attorney. I wouldn't sign it. They have no right to your medical records.
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JBudd, MSN
3,836 Posts
This.
I'm sorry you got stuck in this position, but getting your doctor to clear you, and for you to state you don't and haven't objected to being floated seems reasonable. Get the managers that asked you for a note to put in writing they were trying to protect you and asked for the PCP letter, that you did not initiate it. (check with your lawyer!)
That stuff about only having 5 days to respond seems pretty iffy to me.