Would you return to work...

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with a fractured femur, 6 weeks post surgery? My employer neglected to file my paperwork until I got the union involved, in an attempt to screw up my claim for unemployment insurance benefits/sick benefits. They had hoped to have me return to my full hours at 6 weeks post surgery doing desk duty and supervising a student nurse. I cannot walk. I am in a wheelchair and use crutches when able (I have rotator cuff tendinitis as well so can only do short periods). I go to physio 4 times per week for ultrasound, TENS Tx, accupuncture and exercise, and I'm told that it will be at least another 2 months before I am walking. I work hard at it, but have had setbacks due to exercising at too high an intensity too early, with an increase in pain and swelling as a result.

My employer does not seem to understand that I am entitled to recover from this injury, and is continuing to push for a return to work. So far the doctor has said no.

What do you think of this?

Specializes in ER.

I think I would listen to my doctor. Your manager has no stake in your recovery, only trying to fill holes in the schedule. Listen to your body. You can always get another job.

If the doc does not think that you are able to return to work, then I would not go back. You want to do everything possible to help the healing process, not do anything to hinder it. Stick with what your doc thinks is best. Good luck for a speedy recovery!

Specializes in Medical and general practice now LTC.

Look after yourself, if you go back to work too early and make matters worse is your manager going to pay out.I think not Do as doctor says and look after number uno

Good luck on your recovery

IF it were me and they continued to hassel me I would consider a lawyer.

it 'sounds' like harrassment.

your doctor needs to write a detailed note, detailing all your txs needed to recover.

desk duty is not an option.

do you have flma?

leslie

Thanks. My union says that I must request all proposed modified duties in writing to take to my doctor and he can decide if he oks it. He has already said no to supervising the student, say that I would end up doing more, or be in a position where the circumstances would require that I do more ie; an emergency.

This is not the first time that I have had problems here, there have been other issues.

Union rep says however, that if I refuse modified duties they can consider me AWOL and I can be disciplined.

I cannot believe that in the healthcare profession an injury as serious as this would not be considered as a legitimate reason to focus on rehabilitation and recovery as the most important thing. I also can't believe that they would cause me additional stress financially by attempting to make it impossible for me to gain benefits that I have paid for. I am in Canada, so we don't have fmla.

I am losing sleep, worry constantly about this and I'm sure that's not helping my healing.

Specializes in ER OB NICU.

Here, we have FMLA,and the law requires only 12 weeks be allowed. My husband broke his leg (tibia,repaired with rod, screws backed out, had to re do at 3 weeks post op).Anyway, not protected by union, so at 12 weeks of being off work,was told that the company could choose to terminate him if he did not come back.Company could have chosen to allow longer, too,but of course, did not.His dr. said he could return to work as long as wore boot, at 9 weeks post op, company refused to let himwear boot. Eventually we had a support made that fit in shoe and got a trauma dr to release him. THE OS , took back his release as the co. called him(against the law, co later denied it but we had letter of proof) and we had to call Dept of Labor as co.broke law.Through out the time he was off, we had to pay weekly for his ins, etc. also. After being off 3 weeks, he was able to draw short term disability till back to work. He made it, but the Company had all the sayso. Hope the union can protect you more.

Here I am entitled to 15 weeks of Employment Insurance benefits, and my employer has to hold my position for a year as per union agreement. I don't have disability insurance through work, so if my leave is extended past the 15 weeks, I would have to apply for gov't short term disability.

My employer wants me back because they are really short staffed and the manager is having to do night shifts. They really pushed for me to supervise the student, and when I looked into it, it was not recommended due to the "fitness to practice" thing. With a broken leg, unable to walk, I am not fit to practice as an RN. So now they say they have desk duty for me, but I don't see what the benefit of that would be to them, as they would be paying an extra body to be there in addition to the regular RN on duty. They do this type of thing all the time, insisting that people return to "modified duties" even when they've been injured AT WORK.

I keep explaining to them that I need to concentrate on getting my leg better, physio and rest, as right now I can only slightly weight bear and have lost all the muscles in my quad and calf. I am working at it as hard as I can, and can only do what my body will allow.

I think that they view this as time off, since it is summer and no one else is enjoying any time off, but I am not having fun. I sit in the house most days, on the computer and trying to keep up with housework from a wheel chair. Everything I do takes 3xs as long. Thank goodness I have an 11 year old who can help. I go to physio, the grocery store and the post office, and occasionally visit friends. Other than that I am pretty much not on vacation.....:biere:

Thanks. My union says that I must request all proposed modified duties in writing to take to my doctor and he can decide if he oks it. He has already said no to supervising the student, say that I would end up doing more, or be in a position where the circumstances would require that I do more ie; an emergency.

This is not the first time that I have had problems here, there have been other issues.

Union rep says however, that if I refuse modified duties they can consider me AWOL and I can be disciplined.

I cannot believe that in the healthcare profession an injury as serious as this would not be considered as a legitimate reason to focus on rehabilitation and recovery as the most important thing. I also can't believe that they would cause me additional stress financially by attempting to make it impossible for me to gain benefits that I have paid for. I am in Canada, so we don't have fmla.

I am losing sleep, worry constantly about this and I'm sure that's not helping my healing.

If your doc is saying that you should not return to work, you're not refusing modified duties, the doc is doing so on your behalf. Ask your union rep what would happen if you returned to work against your doctors orders and were injured further. I'm guessing they'd hang you out to dry. As far as I know, the doc's verdict trumps the employer's.

You might want to consult an attorney who deals in this kind of situation. A labor attorney, perhaps. Also, look up whatever government authorities handle employment concerns. Your employer should not be able to withhold or delay any benefits due you. I'm pretty sure this is as illegal in Canada as it is in the States.

In addition to this, consider whether you are presenting an assertive front to your employer. It's not uncommon for managers to push to get their unit's needs met. One tactic is to put pressure on someone, looking for any sign of weakness. Don't make that easy. If your doc says you are to stay home and recover--stay home and recover. As I said earlier, if you return without his okay, you will--pardon the pun--be without a leg to stand on if you have problems because you did so.

In another thread, you mentioned that you were unclear about some of the medical matters. Be assertive with your docs, as well as with your employer. You are a responsible adult and deserve to be treated that way. Don't wait until your appointment for answers. Call the doc's office and ask to speak with him. Chances are, you'll end up speaking with someone in his office--a nurse practitioner or medical assistant. That's okay as long as you get the answers you seek.

Advocate for yourself the way you would for a patient. Don't let fear paralyze you, and don't let other people short-change you because you want to be "nice." In a calm and forthright manner, ask for the things you need, whether you're talking about time off or medical answers or basic respect.

You must respect yourself and take your own concerns seriously for anyone else to get the message that they must do so as well. You are your own best advocate. At least, you should be. Manage your situation with confidence and the expectation that you WILL get what you need, and that circumstances will work out in your favor.

None of this is meant as criticism. It's meant to get you sparked to action so that you will not be at the mercy of other people's agendas. Yes, other people matter, but so do you. You can't take care of anyone else until you have healed.

I wish you the very best.

Specializes in ER, ICU, L&D, OR.
with a fractured femur, 6 weeks post surgery? My employer neglected to file my paperwork until I got the union involved, in an attempt to screw up my claim for unemployment insurance benefits/sick benefits. They had hoped to have me return to my full hours at 6 weeks post surgery doing desk duty and supervising a student nurse. I cannot walk. I am in a wheelchair and use crutches when able (I have rotator cuff tendinitis as well so can only do short periods). I go to physio 4 times per week for ultrasound, TENS Tx, accupuncture and exercise, and I'm told that it will be at least another 2 months before I am walking. I work hard at it, but have had setbacks due to exercising at too high an intensity too early, with an increase in pain and swelling as a result.

My employer does not seem to understand that I am entitled to recover from this injury, and is continuing to push for a return to work. So far the doctor has said no.

What do you think of this?

Go back to work as you are, smile at them and say you are ready to work. Then see what they have to say, and smile at them.

Specializes in icu, er, transplant, case management, ps.

I don't know Canadian law, regarding nonwork related injuries but I do know the law here in Florida. If one is hurt and cannot work, regardless if it is work or nonwork related, the treating doctor has to provide a letter to the employer. The employee can use sick/personal leave days to cover time lost. Once the doctor releases you for modified work, again he has to do it in writing. An employer does not have to offer you a modified position. Since you are covered by a union contract, you need to meet with your shop steward to find out what is covered by your contract and how much they will support you.

Woody:balloons:

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