Can they use FMLA against me?

[vandew]

I have been on a long list of work restrictions since 5/5/10 r/t cervical spine injury. My employee health nurse has told me many times that my job is in jeopardy if I am not off all work restrictions within 12 weeks. She says that FMLA rules state they only have to hold my job for 12 weeks, then they will put it up for bid. My HR director has confirmed this. My gripe is - I am not on leave! FMLA rules are supposed to protect those on medical leave, yet I am still working full time. Am I going to end up being fired? Best of all - I work in a hospital, of all things. Help!

[jayne]

most states no longer have laws on the books to protect injured workers.....that being said do you have a lawyer? Hospitals/nursing staff get hurt alot....do you have a lawyer?or a union that can help? it would help us gratly if you could give more info your state and your injury....

[vandew]

Ooops - Sorry! I'm in New York, no union, no lawyer - yet. I have an appt. with one. Hopefully when hosp. realizes I "lawyered up," they won't can me right there. I have worked every day since injury except days I went to see specialist out of town. For those days I put in time off requests as required and used accrued sick time .

[1171]

sounds like you are on modified work and you are not working in your original job.
they are probably referring to your original job being filled permanently by someone else.

the question becomes how long they will be willing to provide the lite work.
you can find out more about fmla here
http://www.dol.gov/whd/fmla/index.htm

[vandew]

1171 Wrote:sounds like you are on modified work and you are not working in your original job.
they are probably referring to your original job being filled permanently by someone else.

the question becomes how long they will be willing to provide the lite work.
you can find out more about fmla here
http://www.dol.gov/whd/fmla/index.htm

I am still in my department doing my own job, with reasonable accommodations to comply with dr's restrictions. I have not applied for fmla, nor have I signed anything stating I am on fmla. I am not on medical leave. How can FMLA rules lose me my job when I am not on FMLA?!

[Cycler]

The employer can invokes FMLA at their discretion without anything from the employee. Since you say you are doing your own job anyway maybe it's worth having the restrictions removed and saving your job ?

[vandew]

I can't have the restrictions removed, because I do need accommodations in order to do my job. I still don't get it. I am not on leave. I have not asked for FMLA leave, and have not been put on FMLA by my employer. I have received no written notice that my employer is "invoking" FMLA. Yet I am very often verbally reminded of the 12 week rule. I was reminded again today by the HR Director. ADA says that employers need to provide reasonable accommodations to someone who is otherwise qualified and capable. I guess that only means for 12 weeks.

[Cycler]

It just is. The employer doesn't have to say or do anything and you are not required to to be notified or to sign anything to begin the FMLA countdown. You are correct on the ADA matter but that has nothing to do with FMLA. If you are working in an accomodated job already they better have a a very good explanation as to why that accomodation could not be continued ( union work rules ) to avoid an ADA violation.

[vandew]

This all sucks. I'm in pain, probably never be the same again, and looking at losing my job, all because I worked too hard. Depressing.

[dmma]

vandew Wrote:This all sucks. I'm in pain, probably never be the same again, and looking at losing my job, all because I worked too hard. Depressing.

I work in a hospital too! I am working 3 days per week and on W/C for 2 days. FMLA covers my 2 days for only 12 weeks or 90 days. After that, if I am unable to perform my duties f/t, my employer can state that they are unable to accommodate me. My FMLA will not be replinshed for another 2 years once it runs out. If I am unable to do my job, and the hospital does not have another job that I can do, they can send me home. Doesn't seem fair, but that's how the cookie crumbles. I thought that working in a hosptial afforded me some compassion, but when it all comes down to it, if I can't do the job, someone else will. I happen to be blessed to work for a high $$$$ producing doctor who wants me there whenever I can work, and this is what has been sustaining me along with the grace of God.

Good luck and learn the system because it's a doozie!