Question:
Has nanyone else been harassed by an employer because you took FMLA--What did you do?

I work for a large state mental hospital, and am not all that popular there anyway, because I have reported some practices to the internal ethics board for review, when I, a nurse, felt I had to for my patient's sake. However, until I had FMLA for bypass, I was respected and had good annual reviews. Now, I 've been out on medical leave for a total of 4.5 months this last year, and my employer is harassing me so that I will quit before it happens again. (They all have the idea that bypasses inevitably lead to complications, which of course they don't.) My employer knows better than to be too blatant, but I have been but on an unbearable shift rotation, had my work week changed to 5 days a week against my will and original 4-day a week arrangement, had my work scrutinized, been hounded about areas of my work which I had been praised for before, been understaffed, etc. Now I have been moved to another shift altogether for closer scrutiny for ostensible weaknesses in my supervisory abilities, which have never been questioned before.....HELP! I am applying for reconstructive surgery for loose skin, now that I've lost 150lbs, and the employer will fight that if they can, absolutely. I don't know if I can even hang on until it is approved, the harassment is so intense. As a nurse, I also have to worry that I will be set up for a dreadful paperwork error ("lost" documentation", etc.) which could endanger my license, if I resist leaving. Such harassment is very hard to prove, too...should I give up? Any advice and support appreciated...thanks. Jesse    — Jesse M. (posted on February 5, 2002)

February 5, 2002
Sounds like my same story. Pick your battles. In the end, it was jealousy that motivated the persons giving me grief. Now the office is restaffed, I am turning heads, and I enjoy living a wonderful and fulfilling life in her face.
   — [Deactivated Member]

February 5, 2002
I am told by a friend of mine that happens to be a Nurse that Nurse Jobs are Plentiful, and you can(if you have experience) pretty much write your own ticket. I don't think you have to put up with that BS. If Leaving your Job is not an Option I would bring Formal charges of discrimination against the administration, and call OSHA, and the Health Authorities every chance you get, and turn the tables on them. Make their professional lives as hard to deal with as they are making yours.
   — sbinkerd1

February 5, 2002
Hi Jesse, if you feel you want very much to keep the job you have (I agree with Scott, they are crying for nurses everywhere it seems), and also feel that the harassment is criminal, please report it to your local office of the EEOC. They will investigate. It is a VERY long process (I had to do it for sexual harassment but got so sick from stress that I HAD to quit before the EEOC finished investigating). But if you feel you have seniority, or other benefits that are worth perhaps a year-long battle through the EEOC, then I say go for it. But be prepared...it is a struggle that could easily make you a patient at your own hospital. I wish you the best in whatever direction you go. I know from personal experience that on the job harassment of any kind can be totally devastating. Love and hugs, Joy
   — [Deactivated Member]

February 5, 2002
Jesse, as someone who has had to deal many times with FML situations for myself and my employees, there are some things you need to be aware of. First, you said that you have missed 4.5 months from work. Remember that FML ONLY allows 12 weeks per 12 month period for FML leave. They are NOT required to put you back in your exact position. They only have to save your job and give you "like" responsiblities or jobs. In other words, you CANNOT be demoted or fired for taking FML. If you took 4.5 months, they may have cause against you. Regardless of that, you do NOT have to put up with harrassment. It sounds like you may work for a small to medium sized employer. You can certainly take your complaint to HR or all the way to the top of the company (that's the "open door policy"). If you work for a small company, and you don't really have anyone to go to, I would file a complaint with the EEOC and hire an attorney. One letter from a good attorney will STOP the harassment. If it doesn't, bring suit. But make sure you are DOCUMENTING EVERYTHING!!! Dates, times, people involved...everything. Keep a daily (or hourly) journal of the events happening. I know this is quite long, but I hope it helps.
   — Robby E.

February 6, 2002
Just an FYI for everyone FMLA stands for Family Medical Leave ACT. So when you are talking about the actual benefit, you should refer to it as FML.
   — [Anonymous]