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How do I tell my employer that I’m not able to return to work as plan on temporary disability?

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Nurse56

Member
What is the name of your state? What is the name of your state? New Jersey I’m 63 yrs old & been a nurse for 40 yrs. I staring on T D in July & told my job I will return 8/33/19. I have depression, anxiety with panic attacks. Long story short, my employer has given me various accommodations to work but I can not deal with the stress any more. I was fired from one job because I walked out & know this may happen again . I love what I do but can’t control the unpredictable environment . I take Xanax but of course I need to function. Im on FMLA, & I saw an attorney to start permanent disability process . So what do I tell my employer, my TD covers me for 6 months & my lawyer told “ no not resign”. Please any advise is appreciated. Thanks
 


LdiJ

Senior Member
What is the name of your state? What is the name of your state? New Jersey I’m 63 yrs old & been a nurse for 40 yrs. I staring on T D in July & told my job I will return 8/33/19. I have depression, anxiety with panic attacks. Long story short, my employer has given me various accommodations to work but I can not deal with the stress any more. I was fired from one job because I walked out & know this may happen again . I love what I do but can’t control the unpredictable environment . I take Xanax but of course I need to function. Im on FMLA, & I saw an attorney to start permanent disability process . So what do I tell my employer, my TD covers me for 6 months & my lawyer told “ no not resign”. Please any advise is appreciated. Thanks
You have an attorney, you should really be getting your attorney's advice as to what to tell your employer.
 

Nurse56

Member
I think because I’m protected with a disability & on FMLA. My FMLA ends late October. I just went on temporary disability 7/23/19, which covers me till January.
 

commentator

Senior Member
If you are on the temp disability until January, and you are in the process of applying for regular disability, and are on FMLA, why in the name of everything would you want to officially up and QUIT at this point? The thing is you don't have to go in to work at present, you can take your meds as you need to, nothing is going on that is making your condition worse. As for worrying about what would happen when you did, eventually go back to work, not only is that pretty silly, you don't have to do it right now. It would be rather stupid to up and officially quit at this point, wouldn't it? My question is, how do you know you will not be significantly better by January? If it turns out to be the case that you're not, you'll just be this much further along toward your permanent disability. Listen to that lawyer. Do what they tell you to. That's what you're paying for.

If you are laboring under the delusion that it is always a bad thing to be fired, discharged, let go by the employer, put that one completely out of your mind. That you were let go because you were unable to return to work when your FMLA had expired due to your health issues does NOTHING but sound very good for your permanent disability case. It is legal and lawful and pretty much expected for them to discharge you after your FMLA runs out. Nobody expects you to "resign" so they won't have to do that. Don't do it.
 

Nurse56

Member
If you are on the temp disability until January, and you are in the process of applying for regular disability, and are on FMLA, why in the name of everything would you want to officially up and QUIT at this point? The thing is you don't have to go in to work at present, you can take your meds as you need to, nothing is going on that is making your condition worse. As for worrying about what would happen when you did, eventually go back to work, not only is that pretty silly, you don't have to do it right now. It would be rather stupid to up and officially quit at this point, wouldn't it? My question is, how do you know you will not be significantly better by January? If it turns out to be the case that you're not, you'll just be this much further along toward your permanent disability. Listen to that lawyer. Do what they tell you to. That's what you're paying for.

If you are laboring under the delusion that it is always a bad thing to be fired, discharged, let go by the employer, put that one completely out of your mind. That you were let go because you were unable to return to work when your FMLA had expired due to your health issues does NOTHING but sound very good for your permanent disability case. It is legal and lawful and pretty much expected for them to discharge you after your FMLA runs out. Nobody expects you to "resign" so they won't have to do that. Don't do it.
 

Nurse56

Member
Thank you for your reply because it makes perfect sense! I just need insight & what to tell HR why I’m not returning 8/23? I made a dum mistake !! Of course I won’t be returning at all if I apply for permanent disability but they don’t need to know that. I’m unable to work, to many attempts made & I’m afraid I have a panic attack & walk out. That would be a mark on my RN license & don’t want that to happen
 

commentator

Senior Member
Have you been released by your doctor to return to work? If you're on temporary disability until January, I'd certainly say not. So they probably will contact you to ask if you're released and ready to come back, at which time you'd simply say that you have not been released by your doctor. Or maybe they'll just write you a letter without discussing it with you, telling you that you've been discharged due to your inability to return to work after your FMLA ended. Either way this is a discharge due to health reasons, not a discharge due to misconduct.

Look, no one generally chooses to deliberately become ill or are able to make themselves well on demand. What you have is a verifiable mental health issue, which makes it impossible for you to do the kind of work you have been doing, or any work, right now, for that matter. So my dear, at this age and stage of the game, forget about "marks against your RN license." (you know, that MIGHT happen if you were to go back to work and have a panic attack or mess up a treatment, or run out of the place screaming....might....) They're certainly not going to give you demerits or marks for having a disabling condition. That you have sought treatment for it and have made the decision to follow the advice and treatment plans of your doctors is the only reasonable professional response you could possible have.

Though I'm sure your RN licensure has been a very important thing to you in your past life, you're, at this age and state of mind, looking at not exactly doing this anymore. I'm older than you, and have had many health issues, but I can tell you that looking at a new part of your life is something that is coming up. You sound extremely burned out and in need of rest and recuperation. And you're still worrying:)! Perhaps later, if you get better, after your life is worked out in other directions, you can do some part time or pick up work in the helping professions.
 

cbg

I'm a Northern Girl
I have a different point of view. If you know right now, today, that you are not going to be able to return to that job at the end of your FMLA or ever, I can't see that it's going to score you any points to keep your employer in the dark about it. If it's a question and you might be able to return or you might not, then of course I'd say wait. But if it's already a done deal, there's no benefit to keep quiet about it. It's not going to hurt your license to be disabled.

Which is why I think, if the attorney is telling you not to talk to the employer yet, it means there's some factor we don't know. And since he knows more about your case than we do, I say follow his advice.
 

LdiJ

Senior Member
I have a different point of view. If you know right now, today, that you are not going to be able to return to that job at the end of your FMLA or ever, I can't see that it's going to score you any points to keep your employer in the dark about it. If it's a question and you might be able to return or you might not, then of course I'd say wait. But if it's already a done deal, there's no benefit to keep quiet about it. It's not going to hurt your license to be disabled.

Which is why I think, if the attorney is telling you not to talk to the employer yet, it means there's some factor we don't know. And since he knows more about your case than we do, I say follow his advice.
Question, since her scheduled date to return to work would be 8/23, but her FMLA does not end until sometime in October, can't she just say that she hasn't been released to work yet? Its not the end of her FMLA yet.
 

cbg

I'm a Northern Girl
According to the FMLA statute, she's supposed to tell them as soon as she knows for certain that she's not returning. Which is why I think there's a missing factor here if her lawyer is telling her not to tell them yet. Sure, she can tell them on 8-23 that she's not cleared to return to work yet, but there's a BIG piece of the puzzle missing here and I'm not prepared to send her out onto any potential minefields without knowing what it is. She needs to listen to her lawyer and not to random strangers on the internet.
 

Nurse56

Member
I should have never told my job that I would return 8/23. Honestly I was going to try but realized I can’t & need to accept that fact. I always was pro active with job stress but the pass few years , I m paralyzed . 2 yrs ago there was a murder- suicide in my family & was dx with PTSD. After that event , I was fired because I walked of the job. Thank you all for your suggestions. Also I told my job about my return before seeing an attorney.
 

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