Fmla

[sweettea&cream]

What is the name of your state (only U.S. law)? GA

My closest friend just went through rehab/detox for prescription medication addiction. She is a hospice nurse that works for a national company. Her full-time employment hours are after-hour coverage over weekends.

Her doctor has given her a written letter for her employer that she is no longer to work night hours until released from his care. However, she is released to work during day-time hours. She has applied and been approved for FMLA.

She received a letter from her employer stating that:

"When you return from famiy and medical leave, you will be required to present a fitness-for-duty certificate before reinstatement, as applicable. If such a certificate is not received, your return to work could be delayed until the certification is provided."

They are not allowing her to return to work at all until her FMLA is exhausted.
After FMLA is exhausted, she can only return to work if she can work on-call at nights without doctor prescribed restrictions.

I know this is her problem and she should be posting. She is in recovery and working very hard and doing very well. I am only helping her to learn and understand if her employer is following the legal guidelines of FMLA.

Thank you for any responses.

 

[ecmst12]

If she was working nights before her leave, then she can be expected to work nights after. If she cares about her recovery, I would advise AGAINST returning to the same job which was likely contributory to the level of stress that led her to addiction in the first place. Nurse burnout is especially high in hospice care. There are a bazillion other places she can find a job.

 

[sweettea&cream]

Thank you!

She is looking for another job. However, under FMLA, I am trying to understand the current law -- she is to be given same or equivalent job?

Her doctor has restricted her from night shift (perfect shift for her addiction of sleeping pills). Can her employer legally, under FMLA, deny her from returning to work until she gets a full release to work nights?

She is only holding on to her current employment for insurance benefits, but she understands she has to find other employment BEFORE leaving this job due to the reference. However, it is stressful which is difficult in her recovery period.

Again, thank you for your patience with my naivity.

 

[ecmst12]

Her employer does not have to allow her to return if she can only work modified duty or modified shifts.

If she was working days and on her return, her employer said she had to work nights, that would be a violation. It would not be the same or equivalent position. But she was working nights before, so it is legal for her employer to expect her to work nights on her return.

 

[sweettea&cream]

Oh boy, thank you for educating me.

Now, I have to figure out how to educate her.
(and her husband)