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absenteeism and work comp Minnesota

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  • absenteeism and work comp Minnesota

    need help. i was injured at work a year ago and am still on work comp. currently i am working only 4 hour shifts. i have missed work on occation because of my injury. my work is trying to reprimand me for 'excessive absenteeism'. because my work record is in good standing otherwise, they have went back several months to obtain missed days. sometimes the pain is too much and i have to take pain pills. while on the pain medication, i dont feel i can saftely perform my job as a nurse. (not to mention driving to the facility). i have seen them do this in the past to people on work comp. written warnings for lost time result in termination. i like my job. i am trying to get better. i have worked there for several years and have never been reprimanded. my file is full of 'atta girls'. can they do this? where do i look for information?
    thank you in advance for any help you may have

  • #2
    How often have you been absent? They are not required to overlook absences no matter what the cause or how good a job you do.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Unfortunately intermittent absences such as you describe are rarely covered under WC. Even if they were, your employer is not obligated to treat them any differently than other absences. If you qualify for FMLA and have not yet reached the 12 week maximum it may be a violation of FMLA. This is assuming your condition qualifies as a serious health condition, though it sounds like that is very possible. Did you report why you were off each time?
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        thanks for responding. i have missed 5 days in the last 6 months. 4 were days i took morphine for pain. i told my supervisor each time. they gave me paperwork for the flma right away after i was hurt. how do i know if i have used the time? does it start over now that i have went past 1 year?
        Last edited by nursipoo; 06-05-2006, 03:21 PM.

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        • #5
          another question. today i was telephoned by empi. (tens unit supplier) the rep informed me that when trying to have my supplies reordered, she was informed by the wc adjuster that i have reached mmi. ok, i am currently in an aggressive therapy, to get me ready for surgery. wc has requested the second ime appt but it is not scheduled until the 22cd of june. how can the claims adjuster decide that i am 'all better' and deny benifits again? i am sooooo sick of this. i am left to wonder that if i were using my own medical ins from the get go if i would be in the condition i am in now. wc tries to delay everything! isn't it the job of my real dr to decide mmi?
          thanks again for all your help

          Comment

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