Is this legal?

[robynrn2b]

I am just wondering if this is legal. At the LTC where I work, over the holiday's there is a sign posted that states,

From Dec 23-Jan 3 you will not be allowed to call in sick. If you are ill, you must come to the facility and be checked by a nurse. If it is a family member that is ill, you must bring them to the facility to be checked by a nurse. If you do not, you will be subject to termination.

Aren't they asking the nurses to diagnose? So what if you have raging diarrhea--you probably won't run a fever. I just wondered what your thoughts were on this?

[VickyRN, MSN, DNP, RN]

What about FMLA (Family Medical Leave Act)? Aren't these jokers violating a FEDERAL LAW?

[kmchugh]

Again, management not understanding the words "nursing shortage." Personally, I'd find another job, then when giving my notice at my old job, I'd hand them a copy of this new policy, and tell them they really ought to consider not driving employees away with Ebenezer Scrooge-like policies. If there are problem employees, address the problem with those employees. Don't proactively punish us all. Of course, as an RN, if the facility asked me to evaluate sick employees, I'd still tell them to stick it. You want someone evaluated, get a physician. I'm not getting sued for making diagnostic decisions.

Edited to add: As for legality, yeah, it probably is. Definitely is if you live in an "at will" state, like Kansas.

Kevin McHugh

[Q.]

I'd check with your labor laws. I'm fairly certain that termination without cause (and being sick is not cause) is violating those laws. I'm with 2ndCareerRN. Call in sick, get fired, then collect unemployment from them.

Idiots.

[Q.]

Wisconsin Wage & Hour Laws

[semstr]

That would be highly illegal here!

But then whenever you call in sick, you need a doctors letter, no matter how long or time of year.

Second, nobody can be fired during an illness and when there is suspision of abuse, the controllers of the union will come and visit the "sick" one. These controllers are either dr. or nurses, they have to get back to the supervisors in the hospital and the "sick" one gets an invitation to a) either go see a "neutral" doctor or b) report back to work at once.

Never (and I have been working quite long now) have seen someone getting kicked out.

[zudy]

Arkansas is also a "right to work state" As my attorney put it, they can fire you if they don't like the color of your lipgloss, and it is PERFECTLY LEGAL. And people wonder why I am pro union.

[renerian, BSN, RN]

Wow Europe sounds strict.......

renerian

[Gomer]

Illegal, No. Stupid, Yes.

As long as the rule applies to all employees the employer is within their rights to set the rules. (Assuming the rules are non-discriminatory with regards to sex, race, age, etc.)

And, the FMLA doesn't apply unless as it must be applied for and approved in advance.

[SmilingBluEyes]

Originally posted by kmchugh

Again, management not understanding the words "nursing shortage." Personally, I'd find another job, then when giving my notice at my old job, I'd hand them a copy of this new policy, and tell them they really ought to consider not driving employees away with Ebenezer Scrooge-like policies. If there are problem employees, address the problem with those employees. Don't proactively punish us all. Of course, as an RN, if the facility asked me to evaluate sick employees, I'd still tell them to stick it. You want someone evaluated, get a physician. I'm not getting sued for making diagnostic decisions.

Edited to add: As for legality, yeah, it probably is. Definitely is if you live in an "at will" state, like Kansas.

Kevin McHugh

Kinda reminds me about that nurse manager thread about "no excuses" for call-ins. This mentality sure won't help the shortage any. Lynn, I wish you well,whatever your decision/situation may be.

[Genista, BSN, RN]

That LTC facility you work at is disgusting! I can't believe the NERVE of them to suggest you would bring in your own ill family member (or even yourself) to be "checked" by a nurse

What's your wager, they'd find you and/or your loved one "healthy" anyway?!!!!! I think that is a major invasion of privacy. Unless I am injured on the job, I am seeking my medical care outside of my place of employment.

I would start looking for another job, and also, as others suggested, find out if this is illegal & put some heat on this LTC facility. We are human beings, not indentured servants. That "holiday policy" is ridiculous. If I am sick, I will get a MD note if I have to, but I sure as %$@&*$ am NOT going to my work to be "checked" by a nurse who has a vested interest in my working that night!!!!!!!!!!!!!!!! That policy makes me mad. Thank goodness I work in a union facility, where that type of baloney is NOT tolerated.

Please let us know what happens. I hope that whomever dreamt up that policy gets what's coming to them!

We nurses work like dogs, and if we are sick, we deserve the same respect as any other patient, including compassion & privacy!

[sanakruz, ADN]

This is probally legal. Without any kind of collective bargaining power UR screwed.

Clearly this is imtimidation.

Creating a hostile work environment can lead to litigation against the facility. It is expensive time consuming and difficult to prove however. Think about organizing. This would improve your work environment in many ways.

[dianacs]

Appalling! Does ANYONE think this kind of practice is humanly acceptable (as opposed to legal)?