Fit or Duty

[lyndhurst]

I am employed by HCA corporation here in VA. I work as a bedside nurse in an ICU, my immediate superiviors have sent me home today, in conjunction with HR, with concerns that I have physical limitations (i.e. artrhitis in my hip and knees) that compromise my ability to care for patients at the bedside. They state that they had a patient complaint that they (the patient) was concerned for my physical safety. This was not addressed with me although it occured over two weeks ago. The hospital is sending me to a physician for a 'Fit for Duty' exam which, at this point is scheduled for 12/22/2010.
I have been told that this is a 'Protective Medical Leave' and I must use my own time while I await the medical exam. Is this correct?
Pat Knowles

 

[Peppermint]

I don't know what "Protective Medical Leave" is (it's not a employment term in any law). What it sounds like is that they are placing you on unpaid leave until your fitness for duty can be determined. With very limited exceptions, that is not illegal.

Are you an exempt employee? Paid a fixed salary? Or hourly paid?

 

[lyndhurst]

I am an hourly employee. I have not used excessive sick time in fact I have called in 3 times this year once with GI flu, once with bronchitis and once after I fell at home and hurt my knee. I did have a discussion with my superiors about this some 6 months ago but as far as I knew it was just a 'we're concerned about you' discussion not a "You need to get this fixed or else' which is what it has come down to.

 

[Peppermint]

Then yes, it is legal to put you on an unpaid leave awaiting your exam.