Denied Medical Leave Post-Op, Still Recovering

Nurses General Nursing

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Specializes in Endoscopy, OR, ICU, HIV, Bariatrics.

Hi fellow nurses,

Last week I had a fundoplication with hiatal and umbilical hernia repair. I had to use all my remaining PTO to cover last week but have now run out. My doctor submitted the FMLA (medical leave) paperwork for me to be off work, however, my employer denied medical leave due to being 50 hours short of the requirement. Now I am a week in and suppose to return to work tomorrow, however, I am still suffering from Dumping Syndrome, incisional pain and the inability to lift anything over 10 pounds. My hospital insists that I return to work on Thursday (tomorrow), otherwise requires me to resign. Is this right? Isn't there anything else I can do since I am not medically cleared by my surgeon, which won't allow me to become medically cleared by the hospital's employee health nurse? Please let me know what you think

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Specializes in Med/Surg, Ortho, ASC.

Unfortunately, I don't think that it matters what any of us think. What are your facility's policies/procedures on this matter>

Do you have a union?

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Specializes in Endoscopy, OR, ICU, HIV, Bariatrics.

We are not part of a union. My facility claims that if I am still not medically cleared, that I would need to resign due to the laws. At that time, when I am ready to return to work, then I would fill out paperwork to be reinstated and rehired on.

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Specializes in Clinical Research, Outpt Women's Health.

If they have a policy that states that if you use all your PTO and cannot report for work you will terminated then they can. What is their PTO policy. FMLA is a non-issue since you do not qualify.

I would not resign. I would make them terminate you so that you can make your argument to unemployment insurance.

Very unfortunate situation.

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Specializes in Endoscopy, OR, ICU, HIV, Bariatrics.

Thank you so much CrunchRN. It is a ridiculous situation for sure. They have not been very accommodating. I figured it would better if they terminate me versus me resigning. Any other recommendations? By losing me, they will need to hire, orient and train another ICU nurse spending $50,000 of the hospitals money, versus offering me another week off. Seems silly!

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That sucks. I didn't qualify for FMLA for maternity leave and was given basic medical leave instead. Have you spoken with your manager about this, or just HR?

I agree to make them fire you.

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Specializes in Family Nurse Practitioner.

What about short term disability? I had to use that for a C section when my PTO ran out.

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Specializes in NICU, PICU, PACU.

Go in and then go home sick. This whole thing is crazy. They should at least give you medical leave!

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Unfortunately without FMLA ( which you don't qualify for) your employer may let you go if you are out of PTO and are not able to return to work. Life likes to be difficult sometimes. I hope you heal quickly. In the meantime start looking for a new job ASAP.

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Specializes in Critical Care, Education.

Agree - this situation totally sucks. "Medical leave" is generally just unpaid leave, so doubt whether that would help the OP. Managers cannot over rule HR on any employment issues. I agree with termination versus resignation - at least you'll be eligible for unemployment.

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Specializes in Endoscopy, OR, ICU, HIV, Bariatrics.

Thank you everyone for your comments. :)

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I would be sure they credited you with proper # of hours.

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