question...about returning to work after medical leave

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Specializes in rehab; med/surg; l&d; peds/home care.

hi guys..i told my friend i'd ask the smartest bunch of nurses out there a question. (yes..the best nurses are on allnurses!)

i am good friends with an RN from my old job who is having a lot of health troubles. she's had 3 surgeries and had her hubby pass away all within the past year. obviously she's missed a ton of work, for which she was getting written up for at work.

anyway, she missed 7 weeks since her last illness/surgery, and had applied for FMLA. (was denied because HR said "we're a nonprofit org and don't allow FMLA" :uhoh21:). now she is getting the run around. she applied to go back 2 weeks ago, with a note from her primary (who originally wrote the papers for her FMLA/med leave). the DON ignored her multiple phone calls/emails/certified letter from my friend for over 2 weeks, then told her yesterday that she needed a note from her "surgeon" listing her diagnosis and reason for surgery, etc. says the primary's note "isn't good enough and i won't accept it".

now, my friend knows that most of this stuff she's asking for is not right. what she doesn't know is how to go about fighting back and complaining. she's almost 70, tired, alone but needs to work for insurance. says she can't afford an employment attorney. i don't know what to tell her. she took medical leave for other reasons than just the surgery, which was listed on the FMLA. i don't know why the DON is giving her such a headache and asking for another note. it's all just bull, IMO. however, my friend isn't ready to quit.

wow, i'm sorry this is SO LONG! didn't mean that. i feel for my friend, as i just went through a headache losing my job while dealing with Ca.

thanks to all who took the time to read this!!

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Sorry can't offer any advice as I'm in the UK. But I hope all goes well for your friend

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Specializes in ORTHOPAEDICS-CERTIFIED SINCE 89.

See if your state has an ombudsman for senior citizens. In my state the Lt Governor is really helpful with the elderly-sheesh I'm getting there myself!

The FMLA laws are complicated, including only applying to places with over 50 employees. Does she have Medicare? How about Social Security? She can call the Social Security office.

I wish I could help more, but it took me over 2 years to resolve my own status.

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Specializes in rehab; med/surg; l&d; peds/home care.
See if your state has an ombudsman for senior citizens. In my state the Lt Governor is really helpful with the elderly-sheesh I'm getting there myself!

The FMLA laws are complicated, including only applying to places with over 50 employees. Does she have Medicare? How about Social Security? She can call the Social Security office.

I wish I could help more, but it took me over 2 years to resolve my own status.

Hi P_RN, i'm not sure if she has social security/medicare. i only know she was working for the insurance through her employer.

I forgot to list this in my op, but this place has over 3,000 employees. So, yes they do have FMLA for her position. I took it twice when I worked there. They kept trying to deny her, even though there were at least a dozen nurses I knew of that were taking FMLA on an intermittent basis, and 2 that were taking a block of time using FMLA to have maternity leave.

Social security is a nightmare. Glad you got your own situation sorted out.

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Kittagirl, I wanted to thank you as well for your support. I have passed a link to this thread along to my friend so she can see it for herself. She really is down about everything. I'm going through similar issues, so I'm glad I can at least offer her emotional support. She really is a very good friend and nurse. I hate that they're doing this to her.

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Specializes in Telemetry, Case Management.

I think your friend's place is giving her the runaround and trying to make her quit. That business about not having FMLA because of being a nonprofit doesn't fly with me. My employer is not for profit and they hand out FMLA left and right. Just my opinion.

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Specializes in Case Management.

I agree wtih poster above. Sounds like they are trying to force her to retire.

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hmm 1) AG's office? where ever you would file age disc charges

2) legal aide

3) ?AARP

4)ACLU

5)up the chain of command, with that many employees, this most be

corporate.....the HR dept will not be happy(at least shouldnt be)

with the liablity exposure by the DON

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try the AGs office, ACLU,AARP and corporate HR...they should be quite upset with the liability exposure caused by this DON

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Specializes in ICU-Stepdown.

Fmla is federal. They cannot "opt out" of it no matter how much they would like her to believe they can.

She has a real case against them. I'd also talk with EEOC (I think thats right) about this. They also cannot disregard the letter from the primary care physician -not without evidence of him lying to them. They have really dug themselves a major hole -surprising in a facility with some 3000 employees. I'd also go above the managers' head and let the superiors know whats going on. It IS possible that they are unaware of these actions.

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