Lost Job on Medical Leave

[LisalaRN99]

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?

[xoemmylouox, 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

They have no legal obligation once you exhaust your FMLA. OP was not fired and did not lose their position due to substance abuse, but due to absenteeism. I would apply to current job openings and save your $$$$.

[hppygr8ful, ASN, RN, EMT-I]

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.

Speaking as someone who has been there done that the early sobriety is an extremely fragile time and IMHO not a time to be taking on a new High Stress position. Are you going to meetings? Do you have a sponsor? I know that AA is not for everyone but it literally saved my life. You need to focus on your health and sobriety right now. Regardless of what your friends and family are telling you it does not appear that you were wrongfully terminated and such cases are extremely hard to prove and involve lengthy litigation for relative low settlements (Remember I've been there done that) Read and believe in the promises that sobriety offers: Anew freedom and happiness, without fear and insecurity, and going forward without regretting the past or wishing to close the door on it. I know it kind of sounds like Rah ! Rah! hogs swallow but it really does work for those of us who surrender ourselves completely to the concept of recovery. Still I know you gotta eat and pay the rent so it would be best to take a job that is both known and familiar. work your program so that you don't relapse again Diverticulosis is very common among alcoholics and drinking and stress cause exacerbations. I literaly destroyed my body drinking and I would not wish that on anyone. You don't have to be drinking at work to have the BON refer you to a monitoring program - I got caught up because I tried to kill myself.

I wish you peace in your new life

Hppy

[Esme12, ASN, BSN, 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

Each employer have their own policies and procedures that they follow. I would be surprised if any hospital would tolerate frequent absences.

OP....((HUGS)) I am glad you are still going forward in your sobriety. However, as per the Terms of Service we cannot give legal advice. If you feel that you were discriminated in any way you can report it for free to the EEOC. In any leave of absence positions are not promised it is positions that are kept. For example YOU are a RN in day surgery....they replace your position in that department however you are still an employee at the facility.

Filing a Charge EEOC

[KelRN215, BSN, 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

You are misunderstanding. FMLA allows for 12 weeks of unpaid time off in a 12 month period. OP has exhausted her benefits in this regard.