Is this legal?

Nurses General Nursing

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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?

Where I work now, everyone called in over the holidays, except us travellers, they even have it set up that they get paid from day shift on the 1st to day shift on the 2nd so they won't lose OT if they're off New Year's eve. Nothing like working admissions psych with all new contract people, R.N.'s and techs and a skeleton crew at that! So it goes both ways depending where you work. Either way is too extreme IMHP.

Specializes in ICU-Stepdown.

Bet these are also the same types of facilities that gripe about the nursing shortage :)

I used to work for a county as a paramedic/firefighter, and we were truly a 'dime-a-dozen', so there really wasn't any incentive to pay us well ( we were paid poorly enough that more than one of our people were on welfare-assistance -which the county tried to cover up during every election of the board of county commisioners). We suffered mandatory overtime as well. I finally burned out, and left. Btw, after 4 yrs of service, crosstrained, etc., my pay was $8.04/hr. True, the built-in overtime helped (we worked 24hrs on, 48 hrs off -unless you got tagged by the mandatory OT).

To give another idea of how my workload was, at my station, the ambulance crew typically spent a total cumulative amount of 3 and a half hours per shift (24hrs) in the station. We rarely got to sleep.

That county also had a pretty high turnover.

My POINT IS: In that job, there were far more of us, than job-slots. In nursing, the opposite is true. Facilities need to watch their step, since eventually, nurses will wise-up to the situation, and the facility will be left w/o help.

Too many jobs, too few employees.

I am afraid that I would be inclined also to push the point. I would call in just to get the ball rolling. Sorry folks, but I am not leaving one of my kids when they are sick to take care of complete strangers, and they cannot make me do it. They can fire me but then again, so what. If I were you I would already be looking for a job, because it is just a matter of time until the timing is bad and you do have to call in.

Not all of Europe is so strict. UK allows the first 7 days illness as a self-certificate, then a medical cert. if still unwell. Any caring manager may contact you to ask how you are, but not to the point of harassing you back to work.

I really thought at first that you had been suckered by a spoof memo similar to one we have circulating, which disallows medical certificates, on the grounds that if you are fit enough to get to the Dr. then you are fit to work, and that your own death is only allowed after first giving 2 weeks notice, so you can first orient your replacement! I knew that some States' labour laws were harsh, but this is unbelievable!

I will be contacting someone who can give me the scoop on what the laws are about this. Unfortunately, the holiday's are over, so NOW it's okay to call in without coming in! My DON did not talk to me today about the "scheduling miscommunication," he was too busy in meetings today so I'm sure I will have a disciplinary action coming tommorow. Oh well, after I graduate I will be seeking employment elsewhere.

originally posted by badbird

too bad the entire group of employees didn't call off all at once, that would teach them a lesson.

i like your style of thinking....and i would be the one leading the charge at my facility.....:D

aside from the poor treatment and lack of respect for staff... I wonder what the facility {LTC} is doing risking sick people coming on site and possibly exposing patients. Is there an ombudsperson or patient advocate [county or state] to contact about this?

Specializes in LTC/Peds/ICU/PACU/CDI.
originally posted by 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.

gomer probably is right in saying it's not illegal...as long as the rules apply to all. unfortunately, so many people abuse their sick time (& it's always the same ones :() that keep calling-out on weekends, fridays/mondays, the day before/after their scheduled day-off...not caring how they've left their co-workers short handed...time & time again :mad:. there's always that someone willing to push the envolpe if given the chance to work the system...we all know at least one. this type pattern...constantly calling-out... naturally spell-over into the holiday season & facilities like this have to try & keep a handle on coverage...as both the employees who do show-up will be effected as well as the residents. as long as there're irresponsibly-selfish people whom continue to abuse the system thereby creating this type of situation, there will be a need for such stupid rules :rolleyes: i'm afraid.

now i think that telling the employees that they have to physically come to the facility when calling-out during the holiday is indeed over-the-top . a physician's note should be sufficient after three or four consective days of being out. where i work, one can call-out every day for up to five days straight & it is considered one occurance or absence. but if someone calls out say on a monday, return to work tuesday & call-out again on wednesday, then that is considered two occurances or absences. if there's a pattern of call-outs around the weekends or days-off/holidays, then employees are given verbals, then they're written-up & after an extended period of this pattern along with enough write-ups are employees fired.

cheers!

moe

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