Lost Job on Medical Leave

[LisalaRN99, BSN, RN]

Hi all!

I just found out that I have been replaced in my position while I am still on General Medical Leave with 60% pay! I emphasize General Medical Leave because it is quite different from Family Medical Leave Act (FMLA). With FMLA, your employer must guarantee you a job similar to the one you had when you return. With General Medical Leave, no such guarantee exists!

This year has not been a good one for me medically. I used up my 12 weeks of FMLA earlier in the year when I entered rehab for depression, anxiety and alcoholism, and later was hospitalized for a GI bleed due to diverticulitis. I was home with IV antibiotics for 2 weeks while I continued to work my program of recovery. And no, I was not reported to the IPN because I was never intoxicated at work and never took drugs.

I returned to work in a newly created position that I had applied for prior to entering rehab. It was a very stressful situation and I had difficulties with the only other staff person in the newly developed outpatient program. She is a personal friend of our manager who was hired from the outside for this new program.

So, yes, I relapsed, but also, in my intoxicated state, overdosed on medication. Back in the hospital, I was found to have another flare up of diverticulitis and surgery was recommended. So, I have been out of work for 2 more months from all this and now recovery from surgery.

My coworker went to our manager while I was out, and complained that I was rude and unprofessional with her. We had our issues, but I had thought we could work things out between us, and besides, I was uncomfortable going to our manager with any personal issues because she was a personal friend.

So, now I find out that my job is gone. I am technically still a "fulltime employee", I just don't have a position! I was encouraged to apply for any other positions in the hospital that I feel I can do, but with the understanding that I would have to interview just like any other applicant.

So this is the difference between FMLA and General Medical Leave!

I am fully aware that this is a consequence of my own actions, but I just can't seem to shake the feeling that this was not handled correctly.

Any thoughts?

[klone, MSN, RN]

I'm sorry that happened to you. I hope you continued well wishes on your road to recovery.

Sadly, there's not much advice I can offer regarding the job - it was not protected, and they had no legal obligation to hold it for you.

[KelRN215, BSN, RN]

This may be a benefit your company offers but, as far as the law goes, all that is required is that if you have worked 1250 hours and been with your employer for a year, you are entitled to 12 weeks of unpaid FMLA leave in a year and a similar job when you come back. You have exhausted those benefits. They are being more accommodating than may employers, I suggest applying to the open positions you think you could do.

[LisalaRN99, BSN, RN]

Thanks! I don't have any fight in me at this time! I have friends and family encouraging me to see a lawyer. I just want to get well and attempt to put my life back together! I am also applying for positions outside the organization since I have no guarantee of a position within.

[klone, MSN, RN]

I would not advise seeing a lawyer. Frankly, it doesn't seem that they have broken any laws. And if you pursue a suit, you have destroyed any chance of getting a position somewhere else in the facility.

[caliotter3]

You gave them the opportunity to move against you and that is what they did. You should not be surprised. Wasted money to hear the same from an attorney. Best option is to apply for other positions within the organization and to learn from the experience.

[KelRN215, BSN, RN]

Thanks! I don't have any fight in me at this time! I have friends and family encouraging me to see a lawyer. I just want to get well and attempt to put my life back together! I am also applying for positions outside the organization since I have no guarantee of a position within.

What kind of case do they think you have? Honestly, people think that the law protects employees a lot more than it does. Your FMLA benefits have been exhausted, your employer is under no legal obligation to hold a position for you. The fact that you are still on their payroll and earning 60% is a lot better than most others in your situation. I know someone who was let go on the first day of week 13/when she wasn't cleared to return from leave after taking FMLA leave.

[BittyBabyGrower, MSN, RN]

Everyone is right, you don't have a case. Where I work, after 6 months they do not have to even offer you a position in the hospital, they can just terminate you. Check your HR book, I am sure there is something similar in there.

Sorry its its been a rough time, but I'd apply for another position and be happy they are offering it!

[nutella, MSN, RN]

Once you are beyond the 12 weeks FMLA you do not have the same protection as under the FMLA law - as you already know.

Your employer has to find somebody for your position if you are out for that long, they still have to operate business not knowing when and if you will be back. It is common practice to find another employee after some while.

It sounds to me that you are focusing on your medical and mental healing and why would you want to go back to a position that has been very stressful to you. You probably want to find a job that is less stressful and will enable you to stay stable mentally and physically.

[jadelpn, LPN, EMT-B]

If you are part of a union, sometimes there is language that says something to the effect of "similar position" as opposed to your exact position. That may or may not be the case.

I have never heard of a general medical leave being paid at all unless you have PTO that you can use. Is this a short term disability thing?

In any event, when they stop paying you is when I would apply for unemployment, or even SSDI. If you are unable to work as a nurse, you are unable to work as a nurse. I wouldn't continue down the path of addiction/diverticulitis/mental illness....you should have a long frank talk with your PCP.

[PinayUSA]

I was understanding that if you are an alcoholic then you couldn't be fired due to it being an ongoing medical condition. Had a friend who would miss several days at a time and then have to check into hospital and get detoxed due to high alcohol content, he did this about 2 to 3 times per year for at least 6 years. He dealt with millions of dollars each day in his profession, he would invest credit union money.

I would check with a lawyer in your state and see if you have any options

[roser13, ASN, RN]

I was understanding that if you are an alcoholic then you couldn't be fired due to it being an ongoing medical condition. Had a friend who would miss several days at a time and then have to check into hospital and get detoxed due to high alcohol content, he did this about 2 to 3 times per year for at least 6 years. He dealt with millions of dollars each day in his profession, he would invest credit union money.

I would check with a lawyer in your state and see if you have any options

OP was NOT fired. There's really no need for an attorney.