Return to work dilemma - broken arm. Sorry so long.

[StanH]

Due to new ADA laws, your employer must make a good faith effort to determine if they can accomodate your restrictions. They cannot just terminate you, they cannot just say that they have no light duty. There have been some extremely large financial penalties against companies who have been found to be in violation of these new laws.

Good luck!

 

[beachlover9395]

Personally, I wouldn't risk any type of reinjury, and as a nurse you know you only have one chance to heal properly. I also agree with taking the 90 days if needed, and potentially contacting an attorney.

Given your many years as a nurse, are there no other jobs in the hospital you could transfer to, like Patient Relations, Utilization Review, Medical Records/Credentialing/Compliance, a nurse call help line? I think any of these would allow you to use your nursing skills (and keep decent pay) without risking injury that you could have from direct bedside nursing.

Good luck and hope you continue to heal well!!!

 

[quentina]

I could be wrong but I dont think your employer is allowed to fire you while your on disability, did your dr release you to go back? My dad's former employer did this to him, he sued and won..

Yes, they can seperate employment. 12 weeks fmla is what the law requires. After that is just good will on the employer end.

 

[Kellydelly]

As a fellow nurse I would advise you to not return to work until you are really ready. Especially since you work in med-surge.

 

[RNMOM]

Former nurse here. I had to stop working due to health reasons and didn't get granted disability...I decided to let it go.

I'm a bit confused about long term disability. Will this continue if you can't return to work and are terminated? If not, why. Isn't that what "long term" means??

I agree about not going back until you are physically able. If you harm a patient, and you could with a weakend arm, you could end up with much worse problems.

Depending on the size of your hospital there surely should be some kind of work for you. Are there any doctor's offices you could work in? Pre admission testing? Nurse advice line? How about quality assurance or patient advocate or many other duties. I know they may not have a position available right now but if you discuss this with HR perhaps they can help find something. You might even find you like it better in the long run.

What does your ortho surgeon say about all this? How about his office nurse?? J/K but who knows?

I hope you find an answer and think speaking with an attorney to find out the legal side of this can only help. That doesn't mean you have to sue your employer but it can help to come into a discussion with full knowledge of your rights. Good luck and keep us posted.

 

[minniecarousel]

Do I have this correct: they can terminate you after Jan. 25 if you don't return to work, but can rehire you if you return within 90 days of Jan.25? with no loss of pay grade or seniority? or only if they are hiring at the time you're able to return to work? Seems logical to give yourself more time to heal. Sounds like you're having a rough time in not being able to work because you have always worked. Don't let the people asking "aren't you back to work YET?" bother you.

Hang in there. As others have suggested, this may be the opportunity to find another area of nursing to go into.

 

[VickiVM]

Likely the op does not have any rights to more protected loa unless her state adds more time above and beyond the federal mandate of 12 weeks. She did not state she was injured on the job so I'm assuming not.

Also, her employer would likely (and should) ask for medical clearance from her dr. to return back to work @ 100% capacity and it does not look like that will happen unless therapy inproves her mobility by the 25th.

OP: Returning back to work while you are still somewhat disabled could be reason for your employer to terminate you if it is apparent you cannot perform your duties. I would certainly take advantage of your long term disablity coverage until you are 100%. I can't imagine anyone thinking less of you for being responsible to others and taking care of yourself.

 

[VickiVM]

Due to new ADA laws, your employer must make a good faith effort to determine if they can accomodate your restrictions. They cannot just terminate you, they cannot just say that they have no light duty. There have been some extremely large financial penalties against companies who have been found to be in violation of these new laws.

Good luck!

She's injured and recovering from the surgery, not disabled. If her injury is permanent and she is deemed disabled, then that's a different story.

 

[cjdj4]

First, I am sorry you are going through this.

And, yes, I have been going over scenarios in my head and I do think there are situations that could arise that I would be unable to do things that need to be done. For instance, we get a lot of patients from surgery. If I had to slide a patient from a stretcher to a bed, I could not do it. January 25 is coming up fast. I just thought I would be well and ready to go and I'm not. When I told my physical therapist my plan to return to work January 25, he said "that's optimistic".

Like another poster has said, you sound like you already know the answer. You just need some others to help you to see what you already know.

OP this advice is coming from a nurse who used to work Med Surg. Don't go back if you are not 100%. don't try to wing it!!
you will risk further injury to yourself and you will also risk injury to patients.
I can think of several scenarios off the top of my head that could end badly for you and a patient.
good luck, and please take care you yourself!!

THIS! You do not want to put yourself in a situation where you permanently damage your arm and cannot work at all.
Good luck!

 

[Antonia]

Thanks for all your replies. It really helps me to tjhink this through just getting others' take on my situation.
I am going to discuss this situation with the long term disability rep and with my orthopedic surgeon. I have a scheduled appt with him on Thursday.
I have always been a healthy, active person and my injury came from tripping in my own kitchen. As I fell I struck a door frame HARD and it was like a huge karate chop to my upper arm and it was immediately apparent that it was broken. The orthopedic surgeon said my bone was good and a bone density test was excellent. It was just a freak thing the way I hit the frame and my bone was severely broken - he said similarly broken to when people fall off a building! It was such a shock to find myself with no use of my right arm and I had convinced myself that I would heal quickly and be back at work ASAP. Now I am having to come to terms with the fact that this is not exactly working out like I thought it would and it has been hard to accept.
I have come a long way in regaining my abilities with my right arm, but I still have a ways to go. The therapist thinks 6 months and then even up to a year to regain full function.
I'm a smart person and have done other things in nursing besides staff nursing in a hospital. I am going to try to keep an open mind and look at other opportunities. I'm a young 50 and in no way am I ready to hang it up.

 

[clh2]

I think you need advice from a lawyer who knows your state's disability laws.
You aren't at 6 months yet, and in many states you are protected for 6 months, then family leave kicks in.

I would also seek legal advice from someone who knows the disability laws.

I know someone who was pretty much forced out of her job, due to a condition that was sometimes very disabling. This person needed to get an attorney involved so that she could collect on long-term disability.

 

[Antonia]

My long term disability claim has already been approved through a policy I took out through my employer. It is my understanding this will continue to pay me 60 % of my salary even if I am terminated on January 25. This policy kicked in on December 31 the day after my short term disability ended. I am going to really check into the details of this policy today to make sure I am right about this. I am glad I took out these optional policies through my employer because this has really helped keep us afloat while I have been unable to work. If my long term disability continues until I can get back to work we will be fine financially. I am also seeing my surgeon this week to get a better prognosis on why I cannot raise my right arm any higher than I can, etc.

 

[Keli]

Really, whether your current employer will rehire you within the 90 days doesn't matter as much as your long-term health. You don't want to impair your future by injuring yourself further because you pushed yourself too hard. I would think that nursing is a high demand field and that even if you cannot go back to your current employer when you are better you could find a good position elsewhere.
Best of luck with your decision and I hope you heal quickly and thoroughly!