Can a School RN who needs long-term psychiatric hospitalization for Major Depression get fired?

[WorthAShot]

Help.

My husband, an RN, is suffering from Major Depressive Disorder. In the past ten days he has sought long-needed therapy from a psychologist and psychiatrist who have recommended private psychiatric hospitalization to stabilize his suicidal thoughts.

He began a new job in November 2nd as a school nurse. 

He LOVES the job, and considers it a dream opportunity. Especially since openings rarely arise. It lets him enjoy time with our 2 and 4 year old sons and grants a healthy work/life balance vs laboring long hours with unsafe patient ratios in the respiratory (COVID) unit of our local hospital. The benefits are fantastic (paid yearlong sabbatical after seven years, tenure after three, amazing sick/PTO/vacation time, wonderful colleagues, short commute, extra $ for every NP credit earned and so on.) Plus he's being groomed to become lead nurse of the county's many schools, when the current lead retires in June. 

Though feeling scared and humiliated, he IS willing to seek the recommended treatment but is worried about losing his job. His doctors have recommended a 30-day, voluntary stay. They are recommending that he seek in-patient treatment immediately. As in as soon as a bed at a private facility can be found. Ideally this weekend.

While I of course realize that a LIVING husband and daddy is 1,000x more important than a job...my husband will be DEVASTATED if he loses this role! And has acknowledged that losing this particular job would hinder his ability to get well.

We are helpless as to what to do. Especially since ADA laws may be murky when working with/caring for a vulnerable population. (A quarter of his students are special needs. All are between ages 5-21.)

Have any of you ever been hospitalized for depression?

Have any of you required a long term hospital stay?

Do any of you have experience navigating ADA laws?

Note that to date his condition has NOT effected his ability to perform his job duties and perform them well. His employers created this position for him based on his performance during a similar Summer role, and are thrilled to have him on board. 

That said, while suffering silently on the sidelines, he has not yet informed his primary nursing colleague nor HR (which I've read is an eventual must for protective legal reasons) about his condition and diagnosis because he only very recently sought help. (His diagnosis was made after only three therapy sessions.) But he is indeed petrified that requesting a month off and so soon after initiation, could get him fired.

I'm in the process of seeking ACTUAL, emergency, legal advice....but would love any feedback or encouragement or stories any of you have to offer.

We live in the Hudson Valley in New York State.

Thank you!

~ A nurse's loving wife

[VivaLasViejas, ASN, RN]

Hello there. I am so sorry your husband is going through this. I’ve been hospitalized for bipolar depression and suicidal ideation, and it took several med changes/adjustments to tame the beast. I was in for only seven days though, which makes me wonder why his doctors are recommending a 30-day stay. That’s a long time in psych world. Is it possible for him to stay for less than a month? Of course, his mental health providers know his case a lot better than I do; and naturally you want him to be safe. Psych hospitals are really good at keeping people from harming themselves, although it does happen on occasion. When I was in, a guy cut his wrists with a broken plastic toothbrush despite 15-minute checks. 
 

Moving on to taking a leave of absence: I don’t recommend disclosing his MDD to the employer if at all possible. Mental illness still carries a stigma, and while the Americans with Disabilities Act forbids discrimination against workers with ANY kind of disability, it happens every day. They just find other ways to get rid of a person. This does not imply that all employers are like this; some are really understanding and supportive. Mine was not. But I hope your husband’s school will be, should he have to disclose after all. Technically he shouldn’t if he’s just taking a leave of absence, but if he needs short-term disability he will.

I wish him the best, and you too. Please keep us posted as to how he’s doing. And welcome to allnurses!