Anyone know about Labor Laws?

Nurses General Nursing

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I apologize ahead of time if this is in the wrong spot. I did not really see where it would fit.

I'm currently working as an RN for one company, but go between two seperate assisted living facilities. In both facilties it is me and 1 other nurse. At one, ALF 1, the nurse I work with does her scheduling of home health aids. Recently we have had a lot of people quit and now have some people putting in PTO requests for their weekends. In our P&P for the company it says that no one is allowed to take PTO on their weekend to work, you have to find your own replacement, however the nurse at ALF 1 is granting all PTO requests because,

"According to labor laws, you cannot tell someone that they cannot take their earned PTO on a weekend. They earned it so they have the right to use it." Which I get to an extent.

At ALF 2, the nurse has one of our long time home health aids doing the schedule, but due to a few unfortunate events this week that put a real hinder on our schedule I had to help her with it. The HHA stated that someone tried taking PTO next weekend (she is having foot surgery Fri) she declined because it is her weekend to work. When I brought up the Labor Law, she didn't know what to think and neither do I!

I have looked everywhere trying to find this "Law" in writing that you cannot deny someone PTO no matter when they are trying to take it. Does anyone know if this is true or where I could find this information fast and easy? As my username indicates, I am in Iowa.

Thanks in advance!

Specializes in OR, Nursing Professional Development.

Have you tried reaching out to HR? The only thing I saw was this:

Are Iowa employers required to pay employees for sick time, vacation or holidays?

Employers must follow their own policies, practices or contracts regarding benefits. In the absence of such an agreement, these benefits are not required.

Wage Frequently Asked Questions | www.iowadivisionoflabor.gov

Many facilities in many states have policies that employees may not take PTO on their assigned weekends and must switch with someone on another weekend instead.

The nurse that stated this is very experienced and up to date on rules and regulations at all times, but HR knew nothing about it. That's why I was trying to research! I think I will just leave it as follow our own P&P. Thanks Rose_Queen!

If a workplace has a lot of people quit, the employer needs to wake up and start appreciating and respecting the remaining employees and grant their time off, otherwise they will have an epidemic of burnout and a revolving door of employees.

Specializes in Case mgmt., rehab, (CRRN), LTC & psych.

There are no laws regarding PTO, at least in the U.S.

The issuance and usage of PTO falls under individual company policies. Heck, no employer in the U.S. is even required to offer PTO to workers. PTO is a fringe benefit intended to attract and retain employees, but it is not a law or a right.

I have worked at many places that did not offer PTO. If I and my coworkers wanted a day off, it was understood that the time off would be unpaid.

Have you tried reaching out to HR? The only thing I saw was this:

Wage Frequently Asked Questions | www.iowadivisionoflabor.gov

Many facilities in many states have policies that employees may not take PTO on their assigned weekends and must switch with someone on another weekend instead.

That makes sense. If my co-workers and I want to go to Disneyland together on Saturday, its hard to imagine a law would require our employer to grant all of our requests.

Specializes in SICU, trauma, neuro.

She should put in for short-term disability/medical leave, or else call in sick. Clearly if she has foot surgery on Friday, it should be expected that she will not be working the weekend. Expecting someone to work the day after foot surgery is not dealing in reality.

I think the nurse granting all PTO requests at ALF 1 is wrong. She is violating company policy, at the very least.

What does your Administrator say?

You are a nurse, not a lawyer, not a writer of Policy, not HR. Get the help you need. There's no shame in seeking help from the right sources.

Someone above remarked that the company is losing lots of staff, so should be nice to staff. Yes, be nice. But keep the company running and safely staffed. adequately staffed. It works both ways. Company needs staff, staff need jobs.

There are no laws regarding PTO, at least in the U.S.

The issuance and usage of PTO falls under individual company policies. Heck, no employer in the U.S. is even required to offer PTO to workers. PTO is a fringe benefit intended to attract and retain employees, but it is not a law or a right.

I have worked at many places that did not offer PTO. If I and my coworkers wanted a day off, it was understood that the time off would be unpaid.

What are your sources re: PTO? Not saying you're wrong, just find this amazing! I'd like to read more this. DOL? Thanks.

Specializes in Case mgmt., rehab, (CRRN), LTC & psych.
What are your sources re: PTO? Not saying you're wrong, just find this amazing! I'd like to read more this. DOL? Thanks.

Here you go... :)

Paid Time Off | PTO

...the Fair Labor Standards Act (FLSA), considered to be the "main" pay law because it regulates equal pay, overtime pay and the minimum wage from the Federal level, does not require employers to grant employee paid time off.

In fact, the FLSA doesn't require employers to grant any employee time off from work, paid or not.

Many employers voluntarily provide paid time off anyway, to attract and retain employees in competition with other employers.

But, because providing employee PTO benefits is voluntary, employers may impose limitations and conditions; in other words, your employer may call most of the shots, such as requiring you to postpone earned PTO that you'd like to use for vacation.

Specializes in Pedi.
There are no laws regarding PTO, at least in the U.S.

The issuance and usage of PTO falls under individual company policies. Heck, no employer in the U.S. is even required to offer PTO to workers. PTO is a fringe benefit intended to attract and retain employees, but it is not a law or a right.

I have worked at many places that did not offer PTO. If I and my coworkers wanted a day off, it was understood that the time off would be unpaid.

There are no laws at the federal level but some states do have laws re: PTO. I doubt that any state has a law stating "employees must be granted all requested PTO" on weekends or otherwise. State laws re: PTO usually have to do with pay-outs when leaving the company and whether or not employers can have use it or lose it policies. By and large, though, PTO is governed by company policy.

Specializes in retired LTC.

PTO scheduling is arbitrary for employers. They provide it, so they can set the rules about its use. Think about it - employers set rules about how many employees can all take off on the same July 4th holiday. And some prohibit vacation time from Thanksgiving until after New Year's.

Commuter is correct. PTO is a BENEFIT granted by employers. A benefit is a GIFT; it is not OWED to anyone as a condition of employment. It is considered an inducement for the hiring of employees to work at a facility.

Like wages, if you don't like the benefits being offered by an employer, you are free to 'keep on looking' or to 'let your feet do the walking'.

I would venture that scheduler from Alf 1 has somehow mistakenly made up her own rules and is violating her facility's in-house R&R. Now scheduler from ALF 2 is being a stickler for the rules for the foot surgery employee. Both employers' rules sound pretty much standard for the industry.

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