RN's and pain management/ADA

[ImaNicurn2006]

I'm so very confused. I read some old posts about RN's and use of narcotics. Is nobody's intention to go to work under the infkuence, but as a nurse with severe back problems, I would certainly have a positive drug screen. On that note, I have received a lot of harassment from my manager about my sick time. If I can't walk, I certainly can't take care of a critically ill infant. I am now seeking to be "identified" under ADA laws. I will keep you all posted. I know I'm not the only on in this "boat". And no, I do not take narcotics before or during work. It's usually after when I can barely stand and on my days off. My pain management dr does not believe I'm inhibited in any way. I'm also waiting for surgery, so more time off work. I just pray I have a job when this is all said and done. Can anyone enlighten me on the ADA process?

[Altra, BSN, RN]

As you say you have upcoming surgery planned, which presumably intends to alleviate the problem, I would think FMLA is more applicable to your current situation. The ADA is intended to enforce a nondiscriminatory environment for permanent conditions beyond the control of the individual which can be altered with reasonable accommodations, within the necessary functions of the job.

[nurseprnRN, BSN, RN]

FMLA, fer sher. You don't get paid, and they don't have to hold YOUR exact job for you if you're out a long time, but they can't fire you and they have to bring you back at your same rate of pay and benefits. If you can afford to take one day off without pay per pay period, you could use FMLA for that day for the weeks leading up to your surgery and the extra rest might make it easier for you to work the other days. FMLA time doesn't have to be taken all in one lump.

ADA doesn't say you have to have the same job you used to have post op, for example, if you aren't able to fulfill the bona fide requirements of the job. So for example, if you were in a wheelchair after an accident and could no longer lift your arms well enough to care for incubator babes, or there wasn't enough room for you to have your chair safely in a crowded NICU, you couldn't make them put you back there.

[NicuGal, MSN, RN]

ADA isn't going to cover you on this. If they feel you aren't safe on the job, such as can you get quickly from point A to point B in case of an emergency. We have had people that had issues that sound similar to yours and they ended up out on FMLA. Does your doctor feel you can qualify for FMLA? And you have to be careful as 3 months goes pretty quickly even using a few days here and there. They have to hold your job for 3 months, if you go past that they do not have to guarantee your job in the unit but where there is availability in the house. After 6 months they can terminate you.

Hope you get this all worked out. Calling out sick frequently does put a burden on the unit, so FMLA would be the way to go. And where Inwork, after so many call outs you are fired, FMLA will protect you.