CAN I GET FIRED???

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:o I found out that I have several bulging discs and Dr. has given me lifting restrictions of less than 20 pounds until healed. I know that if I let work know about the restriction, they will not allow me to work until I am 100% cleared for duty. There is no light duty assignment available unless the injury was OTJ, so I'll be stuck at home. Can I be fired? I know that I have short term disability coverage through the hospital, but if I can be fired, then it will be useless and I could lose my medical benefits to boot. It would be almost worth risking herniation so that I don't lose everything. These are terrible times to be out of work, but I don't want to risk permanent damage either. Anyone know anything about this? I have to make some quick decisions about whether or not to let the bosses know about the lifting restrictions. All advice is greatly appreciated!!!
Specializes in Management, Emergency, Psych, Med Surg.

They can terminate you. This I assume is not an OJI so you are not covered under workers comp. What you need to do immediately is apply for FMLA. You will have to have been employed in this facility for at least a year in order to qualify. FMLA will help save your job although it may not be the same job you have now. You can also reapply for FMLA again but I don't know the law well enough to know how many times you can do this. You can use your vacation and sick time while on FMLA but after you run out of benefit hours, you will not get paid. FMLA does not provide for any salary when you are not able to work.

In addition, I STRONGLY suggest that you start now to try to find a job in nursing that will not require you to have strong lifting ability.

Where specifically is your disk problem? As I have this issue myself, I am just wondering what treatment options you have been given and is anything working for you.

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Specializes in RN, BSN, CHDN.

some facilities require that you have been in employment for 52 weeks before you can utilise FMLA

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"but it only protects you for 90 days, then they can fire you."

fmla protects you for up to 12 weeks; 16 in some cases with special circumstances.

fmla is also only valid if you have worked at your employer for a year.

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Thanks for all the advice everyone! I have only been with this hospital for about 10 months, so now I'm guessing I won't be eligible for FMLA - didn't know that until I asked you smart people! I'm in L/D and lifting just seems to be unavoidable. I don't want to hurt myself any worse, but I also don't want to be out of a job!

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Specializes in Level 2 and 3 NICU, outpt peds.

Make sure that you check with HR re Fmla, My hospital required 1250 hours of work time, since I had been working PT, then ,taking days off when not enuff work, etc.... My manager and EH nurse agreed to a general medical leave of up to 12 weeks when I got shingles and could not work. Best of luck to you, I also now have to look for another position d/t herniated disc with spinal stenosis which is causing radiculopathy and sciatica in both legs. >>>

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Specializes in Level 2 and 3 NICU, outpt peds.

Oh the dance icon is me n my current meds, My husband is never qiute sure when I'll revolve out of control and find myself looking at a different prospective, i.e. the ceiling while I'm on the floor LOL

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Heh... Not sure about the icon but this is my license plate. :D

DCMPNS8

It's just a warning to other people/coworkers not to push me too much. ROFL

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Specializes in Maternal - Child Health.
Thanks for all the advice everyone! I have only been with this hospital for about 10 months, so now I'm guessing I won't be eligible for FMLA - didn't know that until I asked you smart people! I'm in L/D and lifting just seems to be unavoidable. I don't want to hurt myself any worse, but I also don't want to be out of a job!

Check with HR and ask for a copy or a link to your hospital's specific FMLA policy.

The federal law that created FMLA states that employers don't have to offer FMLA to employees who don't meet certain criteria, such as working in a benefits-eligible position for at least 1 year. However, some employers choose to offer it to employees who don't meet the federal criteria, as a matter of consistency and employee satisfaction. It's worth checking into.

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