My 57-year-old sister is a nurse in a nursing home. She was just asked to take 6 weeks off to see about her “memory problem”. Can they make her take the time off? What affect can this have on her employment record? She could see a doctor for tests without taking weeks off of work. Why would they want her to do this?
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Memory Loss Leave?
4 Answer
No, she hasn’t been diagnosed with a memory problem. She saw a psychiatrist last week for depression and he said he doesn’t detect a memory problem, but he will recommend some tests. She knows she’s been depressed for 2-3 years now after going through a stressful divorce, and knows that this stress can affect your concentration and memory.
She was asked to sign a family-medical leave (FML) application, but she refused to do so, since it seems like an admission that there is a physical or mental “serious condition”.
Her director announced in a facility staff meeting that she will be off for 6 weeks to address her memory problem. Her director told her privately that it will be paid leave, but my sister doesn’t have anything in writing.
I’m concerned that if it is FML, there may be certain reporting requirements that my sister does not know about. She has no idea what may be required of her to be able to return to work in 6 weeks.
I cannot offer legal advice, but I can shed some light on the medical issues here. I am a licensed SLP (speech-language pathologist) and I deal directly with memory deficits.
To begin with, “memory problem” is not a diagnosis. It is an anecdotal observation, especially when made by an employer. If there is a medical condition, it is called “functional cognitive dysfunction” or “symbolic dysfunction” and the diagnosis comes from a doctor. Your sister needs to see a neurologist first and foremost– if there is a memory problem, she needs to find out the etiology… could she have had a small stroke? (By the way, psychiatrists don’t work with functional cognitive deficits– they usually refer to SLPs) The neuro will likely send her her for a CT or MRI of the brain. The neurologist should also send her to a speech pathologist (neurologists and SLPs work closely together on cases like these, so it should be a routine referral) who will do functional cognitive testing and can accurately diagnose the type and severity (with a standardized score) and can also perform any therapy necessary to help her reach her prior functional status. Conversely, the SLP can also provide standardized scores that show that the patient has functionally normal cognitive status if that is the case, which will help your sister fight this whole situation.
The other situation that was not brought up… the supervisor announced a so-called medical diagnosis on your sister in a staff meeting? I’m assuming the supervisor is a nurse. This is an ethical violation as well as a HIPAA violation. The supervisor would have to have permission from your sister to reveal any medical information publicly. She really should have known better.
Good luck to your sister.
Thank you for the valuable information; I will pass it along to my sister. By the way, my sister retained an employee rights attorney and is back at work. She was given a “sleep deprived” MRI and the results were ‘normal’… with more tests to follow.
Thanks to all!
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Has your sister been diagnosed with memory loss in the past? Has she been checked out by a medical professional?
Is she getting paid for time off right now?