Announcement

Collapse
No announcement yet.

Can employers legally refuse to allow temporary light duty?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Can employers legally refuse to allow temporary light duty?

    Hi all,

    I am a nurse in a moderate-sized hospital within a larger community-bases health care system. I had an extensive revision surgery 12 weeks ago for pseudoarthrosis/broken rods in my lumbar. I have been off work on FMLA since surgery, and today is the last day of my FMLA. I was due to return to work tomorrow. I saw my surgeon Tuesday, and he thinks it best if I return to work on limited duty, meaning no lifting, no pushing beds, and no wearing a lead apron (I work in invasive cardiology where we do fluoro procedures all day long).

    Unfortunately, my employer and it's HR department says it does not allow workers to return to work on any type of light duty--they want me to return with no restrictions. When I had my original fusion surgery 18 months ago, they did allow me to return for 3 months on the same restrictions I am given now. I was told they were making a special exception for me because I am a very valuable employee in the department, and because I could still make an active contribution to the work group by doing primarily seated work.

    I took my return to work note to HR on Tuesday after my appointment. They called yesterday to schedule a meeting for Friday (the day I am due back at work) with the Director of HR and the Director of my department (not my immediate supervisor but the big boss). Now this same type of meeting occurred last time I was allowed to return on restrictions, but I am very nervous now because no one will tell me anything. They will not tell me if I am staying for the work day Friday (doesn't sound like it). My immediate supervisor tells me he can not give me any information. This all makes me think it's going to be bad news. I get the feeling they will say well, we made an exception once for you, we can't do it again.

    I am totally freaked out about this, and wondering if anyone has any suggestions or advice. Can they deny my light duty after it was allowed the year before? Are there any laws protecting workers in this regard? I am the income-earner in our family, and this unplanned financial burden has been disastrous for us. I have no disability or other income source. Our savings is running low and I definitely can not afford to stay off another 3 months.
    Last edited by leahdragonfly; 04-26-2012, 10:06 AM.
    Gayle, age 50
    Oct 2010 fusion T8-sacrum w/ pelvic fixation
    Feb 2012 lumbar revision for broken rods @ L2-3-4
    Sept 2015 major lumbar A/P revision for broken rods @ L5-S1


    mom of Leah, 15 y/o, Diagnosed '08 with 26* T JIS (age 6)
    2010 VBS Dr Luhmann Shriners St Louis
    2017 curves stable/skeletely mature

    also mom of Torrey, 12 y/o son, 16* T, stable

  • #2
    there is info on internet....i looked it up...
    says to contact Human Rights Commission or lawyer (for violation of
    Americans with Disabilities Act...)
    just knowing you took such action might make employer rethink their position...

    jess

    Comment


    • #3
      Hi leahdragonfly,
      I hope your meeting goes well.

      If it does not, you might want to contact the Department of Labor. I do not know Oregon's laws, but perhaps there are some stop gap measures or assistance they can recommend. Best wishes,
      Roxanne
      Roxanne
      Milwaukee Brace 2 years
      Fused 1976
      Fusion Repair 1979

      Comment


      • #4
        good luck at the meeting, Gayle
        please let us know how it goes.....
        i hope the employer doesn't pull one of those liability things....
        you know..."we don't want you to get hurt, or accidenty hurt someone else" etc...
        i do hope you can consult with a lawyer if the meeting doesn't go well for you....

        jess

        Comment


        • #5
          I have no ideas what the labour laws are in Oregon/US but we have government agency here called 'Employment Standards' which I'm sure you guys have something similar to this down there and I'd definitely be contacting them first if you're not satisfied with the outcome of your meeting. Is it tomorrow? Try not to worry about it too much until you hear what they have to say and then go from there. Keep us posted Gayle b/c now I am very curious to know how things go.
          Son 14 y/o diagnosed January 20th. 2011 with 110* Curve
          Halo Traction & 1st. surgery on March 22nd. 2011
          Spinal Fusion on April 19th. 2011

          Dr. Krajbich @ Shriners Childrens Hospital, Portland Oregon



          http://tinyurl.com/Elias-Before
          http://tinyurl.com/Elias-After

          Comment


          • #6
            Please let us know what happened.
            Melissa

            Fused from C2 - sacrum 7/2011

            April 21, 2020- another broken rod surgery

            Comment


            • #7
              Thanks ladies. At Jess's suggestion I found a lot of info under the ADA act, and I believe I may fall into that category temporarily. I believe the ADA law should offer me some protection for "reasonable accommodations." I will not hesitate to mention that if I have to.

              I will post here tomorrow after the meeting.
              Gayle, age 50
              Oct 2010 fusion T8-sacrum w/ pelvic fixation
              Feb 2012 lumbar revision for broken rods @ L2-3-4
              Sept 2015 major lumbar A/P revision for broken rods @ L5-S1


              mom of Leah, 15 y/o, Diagnosed '08 with 26* T JIS (age 6)
              2010 VBS Dr Luhmann Shriners St Louis
              2017 curves stable/skeletely mature

              also mom of Torrey, 12 y/o son, 16* T, stable

              Comment


              • #8
                Hi Gayle...

                Sorry to hear that everything is so uncertain. I'll keep my fingers crossed that things turn out well, one way or the other.

                Regards,
                Linda
                Never argue with an idiot. They always drag you down to their level, and then they beat you with experience. --Twain
                ---------------------------------------------------------------------------------------------------------------------------------------------------
                Surgery 2/10/93 A/P fusion T4-L3
                Surgery 1/20/11 A/P fusion L2-sacrum w/pelvic fixation

                Comment


                • #9
                  Gayle, I am so sorry to hear of this. It's one thing after another!

                  Life is so unfair. Good luck at the meeting.

                  Sharon
                  Sharon, mother of identical twin girls with scoliosis

                  No island of sanity.

                  Question: What do you call alternative medicine that works?
                  Answer: Medicine


                  "We are all African."

                  Comment


                  • #10
                    Thinking of you, Gayle. Please let us know how the meeting went.
                    mariaf305@yahoo.com
                    Mom to David, age 17, braced June 2000 to March 2004
                    Vertebral Body Stapling 3/10/04 for 40 degree curve (currently mid 20's)

                    https://www.facebook.com/groups/ScoliosisTethering/

                    http://pediatricspinefoundation.org/

                    Comment


                    • #11
                      That's just terrible. Let us know what happens. Let them have it if you need to!
                      __________________________________________
                      Debbe - 50 yrs old

                      Milwalkee Brace 1976 - 79
                      Told by Dr. my curve would never progress

                      Surgery 10/15/08 in NYC by Dr. Michael Neuwirth
                      Pre-Surgury Thorasic: 66 degrees
                      Pre-Surgery Lumbar: 66 degrees

                      Post-Surgery Thorasic: 34 degrees
                      Post-Surgery Lumbar: 22 degrees

                      Comment


                      • #12
                        After my revision

                        My immediate employer -I was a member of an anesthesia group-bent over backwards for me. I worked only 4 hours the first day, did NOT work in the areas where a lead apron was used. He let me go home if I felt too tired. I was working per-diem so I just got paid for the hours I worked.


                        No matter where I worked either as an RN in the recovery room or later as a nurse-anesthetist I never was given a hard time. For example: I had mono and was out a month. The head nurse distributed my days off in such a way that I could rest. After breast cancer surgery I also did not work in an area where lead aprons were used.

                        I suspect, just having an attorney write a letter might clear your way without having to go the expensive sue route.
                        Original scoliosis surgery 1956 T-4 to L-2 ~100 degree thoracic (triple)curves at age 14. NO hardware-lost correction.
                        Anterior/posterior revision T-4 to Sacrum in 2002, age 60, by Dr. Boachie-Adjei @Hospital for Special Surgery, NY = 50% correction

                        Comment


                        • #13
                          Originally posted by Karen Ocker View Post
                          I suspect, just having an attorney write a letter might clear your way without having to go the expensive sue route.
                          I was thinking that very same thing....
                          mariaf305@yahoo.com
                          Mom to David, age 17, braced June 2000 to March 2004
                          Vertebral Body Stapling 3/10/04 for 40 degree curve (currently mid 20's)

                          https://www.facebook.com/groups/ScoliosisTethering/

                          http://pediatricspinefoundation.org/

                          Comment


                          • #14
                            it always helps to have a lawyer's letterhead on any letter sent having to do with any action that
                            could turn legal.....
                            i was given reasonable accomodation when i could not climb stairs at work after Lyme...
                            but it also ruled out some jobs for me....
                            i do believe you may qualify as temporarily handicapped...which should require some measures
                            be put in place to accomodate you....
                            i hope the meeting went in your favor...

                            jess

                            Comment


                            • #15
                              "meaning no lifting, no pushing beds, and no wearing a lead apron (I work in invasive cardiology where we do fluoro procedures all day long). "

                              Gayle: How often does your job involve the above activities? It seems to me that you could look at what you do on a daily basis and make a case for what you do that would be valuable to the unit that would not involve those three actvities, especially the lifting and the pushing beds.

                              Involving ADA might be a great way to go. I personnally would resort to bringing out the attorney as a last resort big gun as it might set you up as looking like an adversary.
                              Once you do that, your supervisor will be less likely to talk informally with you. Can you talk to him/her and look at your job and see how much of it you CAN do vs what you can't do? Going the ADA route is a good suggestion. I'm not sure what you need to qualify to use that statute. I have a friend who works in hospital admin in Portland and I will copy your email above and send it to her for her suggestions.

                              Sorry that this is happening to you. It must be very frustrating to feel that you are a valued employee on one hand and then the hospital won't accomodate you on the other hand. How long are you on this limited status? Also, any chance that the hospital can find you another job like case review for a few months if nothing else?

                              Susan
                              Adult Onset Degen Scoliosis @65, 25* T & 36* L w/ 11.2 cm coronal balance; T kyphosis 90*; Sev disc degen T & L stenosis

                              2013: T3- S1 Fusion w/ ALIF L4-S1/XLIF L2-4, PSF T4-S1 2 surgeries
                              2014: Hernia @ ALIF repaired; Emergency screw removal SCI T4,5 sec to PJK
                              2015: Rev Broken Bil T & L rods and no fusion: 2 revision surgeries; hardware P. Acnes infection
                              2016: Ant/Lat Lumbar diskectomy w/ 4 cages + BMP + harvested bone
                              2018: Removal L4,5 screw
                              2021: Removal T1 screw & rod

                              Comment

                              Working...
                              X