Return to work early after surgery

classicdame, MSN, EdD · May 28, 2010

I would think this is against labor laws. How can you be working, even for a short time, while on FMLA? We are not allowed to have employees in any class until they return to work. Plus, you will be required to do a skills validation and, to me, chest compressions for 2 full minutes is tiring. Do you want to develop lesions from your surgery because of this. I would tell her no, I will do the class another time or in another place after my leave. Perhaps you need to talk to HR. I understand CPR is impt for risk mgmt (our premiums are lower if we have 100% compliance), but there are exceptions and you are one.

caligurl1 · May 28, 2010

Welcome! This is a great site :)

Coming from an HR background and now nursing...I think it is unfair they are asking you to use your PTO...It sounds like they are trying to push you into coming back earlier to avoid "double paying" FMLA now and then your future PTO hours (when you choose to use them). So bascially, they want you to use your PTO hours now so they do not have to "pay out" later.

I am not sure about your hospital policy use regarding PTO but in my opinion, use your PTO when you have a vaca, need a mental health day, etc but not when you have FMLA. You have plenty of time to get your CRP re-cert before August.

Good luck!

dthfytr, ADN, LPN, RN, EMT-B, EMT-I · May 28, 2010

I don't know about the legalities involved, but I'd say it would be a huge mistake to do it. What a mess you'd be in if you got an OTJ injury when you're supposed to be on FMLA. As nurses we're set up to want to help and say yes to requests.

I did everything I could do for my employer and they loved me for it. Then my back went from old age. Suddenly they were ruthless in getting rid of me. When I asked favors of them, forgedaboutit.

Loyalty is a one way street. Protect yourself, especially from unreasonable requests that play on nurses desire to help.

Faeriewand, ASN, RN · May 28, 2010

Don't do it. Go with your gut instinct that is telling you no.

scoochy · May 28, 2010

The health care industry has lost the human element of caring for its employees. Put yourself first; have your physician/surgeon write your DON a letter stating you have not recovered sufficiently to take the CPR re-cert class. Having just completed the re-cert class myself after being out of work on WC (7 weeks) for a bulging disc, I can tell you I was "a hurting unit" after completing the course. The repetitive motion leads to muscle fatigue. Your body is healing; don't allow your DON to interrupt the process; it will only hurt you in the long run!

You may just want to call your state's labor board with regard to this issue; knowledge is power!

mamamerlee, LPN · May 28, 2010

If you are unable to work, you are probably not fit to do the CPR class, either. And asking you to cut your leave short and then use your PTO? No, absolutely not.

You may get permission from your doc to attend a class, but not to participate in the activity. I took FMLA years ago when I was having some acute mental health issues. I went to group therapy daily for nearly 6 weeks, and worked about 4-5 hours a day. My firm allowed me to work around my therapy, and my doc knew I needed some work to keep me financially solvent and sane.

Ask your doc about the class. FMLA can be intermittent. But don't let them push you into doing something that might compromise your health.

1stloveistobeanurse · May 28, 2010

am new to the site and need an opinion. I recently had surgery and am on sick leave during my recovery. My DON called and asked me to see if I could call my doctor and shorten my FMLA so that I could make a quarterly CPR class that is set during my leave. (Mine expires in August) She assured me she would not schedule me for work following that, I could just use PTO for the following two weeks. I have to admit I feel a bit offended about the request, i.e., my health vs. their convenience. I am a reliable employee and think maybe my willingness to go above and beyond has resulted in this type of request. What would you do?

Having a HR background spanning 15 years an employer cannot

1. Ask any employee to work before there FMLA time is up

2. Threaten an employee for being on FMLA

3. Punished an employee once they return back to work for being on FMLA

I cannot say your manager is aware of these facts. So I would say to place it in a nice way to her: " Hello manager name, I was speaking with my doctor as you requested but was advised against this, due to the legal issues involved. If I was to re injury myself in class than this could place the hospital and myself in a bad situation and I dont want to see that happen :) but I am eager to make sure I am in complaince so when my FMLA is over and I return to work if it is after August which is the time I have to recert, I will make sure that I take care of that asap:) "

RaeRae1997 · May 28, 2010

I am new to the site and need an opinion. I recently had surgery and am on sick leave during my recovery. My DON called and asked me to see if I could call my doctor and shorten my FMLA so that I could make a quarterly CPR class that is set during my leave. (Mine expires in August) She assured me she would not schedule me for work following that, I could just use PTO for the following two weeks. I have to admit I feel a bit offended about the request, i.e., my health vs. their convenience. I am a reliable employee and think maybe my willingness to go above and beyond has resulted in this type of request. What would you do?

Take care of yourself first. Get well. It seems very inappropriate for her to even ask you this. :twocents:

KaroSnowQueen, RN · May 28, 2010

Tell them no, No and DOUBLE N-O, HELL NO!!!!!

She is wrong for even asking. Don't consider it. Not for one second!!!

roser13, ASN, RN · May 28, 2010

Wow. I have a different take on the matter. Asking you to attend a class (even a participatory class) is not the same as asking you to return to work. Trying to schedule CPR classes that cover each employee before his/her card expires is alot like herding cats. Everyone's schedules are different and that makes for a time-consuming and difficult process. I think it's a simple request to help your employer fulfill their (and your) education requirements. Don't forget that if your CPR card expires while you're out on leave, your return to work may be delayed while you find a CPR class.

Having said that, to me the whole issue does depend upon what your surgery was and where you are in the recovery process. If even getting up and getting out of the house for the class would be painful or inconvenient, then I would think your answer would be no.

The second part of the request - discontinue FMLA and use your PTO - is silly. FMLA can be taken in segments, even one day at a time here and there as needed. There is no need to spend your PTO unless you want to be paid. And by the way, to the poster who said:

"It sounds like they are trying to push you into coming back earlier to avoid "double paying" FMLA now and then your future PTO hours "

you are mistaken. FMLA is not a paid leave. It is simply a leave taken with or without vacation/PTO pay.

TDCHIM · May 28, 2010

Wow. I have a different take on the matter. Asking you to attend a class (even a participatory class) is not the same as asking you to return to work. Trying to schedule CPR classes that cover each employee before his/her card expires is alot like herding cats. Everyone's schedules are different and that makes for a time-consuming and difficult process. I think it's a simple request to help your employer fulfill their (and your) education requirements. Don't forget that if your CPR card expires while you're out on leave, your return to work may be delayed while you find a CPR class.
Having said that, to me the whole issue does depend upon what your surgery was and where you are in the recovery process. If even getting up and getting out of the house for the class would be painful or inconvenient, then I would think your answer would be no.
The second part of the request - discontinue FMLA and use your PTO - is silly. FMLA can be taken in segments, even one day at a time here and there as needed. There is no need to spend your PTO unless you want to be paid. And by the way, to the poster who said:
"It sounds like they are trying to push you into coming back earlier to avoid "double paying" FMLA now and then your future PTO hours "
you are mistaken. FMLA is not a paid leave. It is simply a leave taken with or without vacation/PTO pay.

@roser13: You are correct, obviously, in that FMLA as it stands isn't paid leave. However, there are some employers who pay some of your salary when you take partial-pay leave coupled with FMLA leave. I worked for a place like that about 10 years ago (though given the market, I'm willing to be there are far fewer employers who do so today!) and would have lost out on my partial pay, as the leave had to last at least two weeks to qualify. I could not have been off for four week, come back for a day to take a CPR class, and then have resumed my partial-pay leave. So yes, depending on the circumstances, the OP could stand to lose out by going along with the employer's request.

In any case, while FMLA leave can be chopped up, there are specific circumstances that govern doing so. I'd be very careful about doing something like this. And it does seem unfair of the employer to try to push the OP into taking part in such a program for the sake of the employer's convenience. I would strongly suggest being cautious about returning from surgery; I pushed myself to get back on the job to help out my employer (came back to work two weeks after major spinal surgery) and definitely paid a huge price! Often doing so isn't worth the stress to your body. Your employer isn't going to look out for your health.