Mom going back to work, but will be around sick people

leslie81
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My mom is a registered nurse at a local hospital. She told me today that they told her that she has to back to work because her FMLA is running out or else she has to resign. If she resigns, she will lose all her benefits, and if he she decides to come back, she has to start from the bottom as in she loses seniority and less sick and vacation time. I am concerned because since my mom will be around sick people all the time, she will also get sick. She is trying to get transferred to another hospital where she can work at the nursery, but I am scared that by the time they do the transfer, she already is sick. My mom is scared because she doesn't know if she can withstand an 8 hour workday. She doesn't want to work part time due to benefits. Is anyone out there who is a nurse or knows someone who is a nurse with lung cancer that went back to work? I am so scared for my mom!!


My mom is 53, at a state IV with mets to her pelvis and lower back. I talked to her about work. She said that she is VERY tired, but I was glad to see her moving around trying to put her life back together. The more I see her doing normal activities before her cancer, the less I am going to worry. She started to go shopping with my dad and grandmother, but she is afraid to drive. She also said that they denied her request to transfer to the nursery because she doesn't speak Spanish (we live in a predominantly Hispanic community). Where do I find help for her to accomodate her? I am just so scared that her body will be always tired that she gets sick!

10 replies

Alissa

She should be eligible for State or Long Term Disability, shouldn't she? My husband is 3 years out from a stage 3b/4 diagnosis, he took almost a year off and is now working almost full time as a doctor. I believe it's what keeps him going - yes, he's around sick people, but he wears a mask more often and washes his hands more frequently - it seems to be ok for him. Hopefully it will be ok for your mom too.

Ramona

Are you sure they are not bluffing? She does not have to resign; no one ever does have to resign. They would just much prefer that she does because then it is her fault rather than their's. Then they must fire her and perhaps she can then sue them. A consultation with an attorney who specializes in wrongful termination or some such thing might be appropriate to find out exactly what her rights are now. Be diligant in finding a good attorney and one with the appropriate backround.

jmlavey

Hi Leslie,

I work in human resources and I'm an LC survivor. The company may tell your mother to come back to work, but cannot force her to resign. the company can replace her if they can prove it is a business necessity. I recommend your mother contact a local resource that offers advice about the American with Disabilities Act. Perhaps your state dept. of health and human services or a county or city branch can hook her up with some resource. Otherwise getting a legal consultation is a good idea so that she knows what her rights are. Actually this is the job of human resources at her hospital. There are always exceptions.

Best wishes,
joyce

robinwd

How long has she worked at this hospital? Has she paid into retirement there? How old is she? She should be able to take a medical retirement and Social Security Disability retirement.

chessie-too

Check with the Federal Disability Act. From what I have read, they cannot fire her but have to work with her so she can keep her job. She should be able to adjust her hours or whatever it takes to stay employed. It's worth a shot.

pambolek

I am an infectious disease nurse practitioner. I was diagnosed with stage IV lung cancer in sept 2005 and worked until sept 2008. I love the newer hand cleaners.
I washed my hands more and used a mask more often. I have had very few illnesses, other than the lung cancer, in the last 3 years.
Pam

simplyklb

You are in luck. I do happen to know about the Americans with Disabilities Act. Your mom is covered under the act. In fact, anyone with cancer is. It sounds like she can perform the basic function of her job. It sounds like she needs a re-assignment to an area where she is not as exposed to germs. If she cannot get any satisfaction thru her employer, she can contact the EEOC (Equal Employment Opportunity Commission). If the EEOC cannot help her, it should direct her to the correct agency.

If anyone would like info about ADA, I would be more than happy to help. I used to be a disability rights advocate and worked hard to help get the ADA signed into law back in 1990.

Kristi

terryl

Hi,
I am a nurse with stageIV and am working full time. I was unable to with my first line of chemo because my white counts were too low,,,but with the current treatment, so far so good. I checked into ADA when I first tried to go back to work because the Dr had said I should not have to do any overtime. My employer said this was an "essential function" of my job and would NOT give me an accomodation. I did a lot of research and have found that even the courts are divided on this issue of " essential function". So, what I got instead was a note drom my onc that said I may be tired because of treatments and at times unable to work. This way, all I had to do was say I was too tired to work if the issue came up ( this was actually the way my boss asked me to do it so we could get around the overtime issue..it worked!). This way if I felt I could only work part of a day ,,or couldn't stay to work overtime, I was covered by FMLA. Still getting full time benefits ( although only payed for the hours I worked of course). Of course once a persons FMLA runs out, the employer can dismiss her for not being able to do her job. I am fortunate my employer will allow 6 months of unpaid leave before they will terminate employment.
Kristi: I would be interested in knowing the specifics of what the ADA says about patients with cancer and what kind of accomodations must be allowed. Maybe you can point me to some info that I was unable to find in my own research on line ( I contacted ADA, as well as patient advocacy group and several Lung cancer organizations, they were unable to help me).
Good luck, and keep us posted

simplyklb

Contact your local disability rights advocacy groups.... They will be pretty knowledgeable. Let me know what area you are in, Terry. Yeah the courts have tried to overturn parts of the ADA. When you talked to someone at ADA, who did you talk to? All's you needed was a simple doctor's note saying that you could not work OT. That is called a reasonable accommodation. Your employer simply accepted the dr.'s note.

People with cancer are regarded as having a disability under ADA. Basically, you have cancer and you are covered under ADA even tho you may not have any outward appearance of having cancer.

Kristi

ckm9

Hi Leslie,

I am a registered nurse, work in the OR, 30 hours/wk (3, 10 hour shifts), I am 55 and am a lung cancer survivor (2 years in Dec). Soon after I was diagnosed (stage II B) I went on FMLA for all my treatments (9 weeks of aggressive chemo, a lobectomy and then on Tarceva for 9 months). I was out almost 9 months. I went back doing 24 hrs/wk (3, 8 hour shifts) for 7 months then started on my 3, 10 hour shifts. I have not been sick one day. I have very little down time and am on my feet for almost the entire day. It is a bit tiring....but doable. As for my benefits, they accrue a little less than nurses doing 40 hours per week but my health benefit does not change at all.
Good hand washing and staying away from very sick, contagious patients are key. How old is she, what type of nursing does she do and what stage was she diagnosed with?
As far as disability, I do not know much how that works but I believed the others that have replied are correct.

Take care and good luck.
Claudia

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