Is this legal?

  1. 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?
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  2. 43 Comments

  3. by   2ndCareerRN
    Personally, I am enough of a prick to call in sick and make them fire me. Then I would get the labor board and others involved.

    I think signs like this are just another attempt of management to dictate to you beyond your working hours.

    The time to question this would have been as soon as the sign went up, not right before it comes down. With enough staff indignation, the sign would have probably been quietly taken down.

    If there is one thing I do know, there are lots of LTC jobs out there, let em fire me. Then I apply for unemployment or get another job.

    bob
  4. by   sjoe
    Sounds like one more good reason to organize a union.
  5. by   SmilingBluEyes
    **makes a mental note not to work at the above LTC facility. Shame.
  6. by   renerian
    Yes I think I agree I would call in just to get legal help and teach them a lesson. Yes nurses cannot diagnose or prescribe what to do. If I was sick, enough to call in, I would call my Dr. for care and take a note in.

    I think that policy would make me resign.

    renerian
  7. by   GPatty
    Ours flat out said that if we called in on our scheduled holiday, we had better have another job to go to, because we would be fired.
    Flat out, plain fired.
    2 CNA's did get fired for missing Christmas, another was written up.
    No nurses called in though.
    Speaking of which, I'm on duty tonight, and here I sit! Better get going! Sure don't need to get myself fired (not that many jobs around here...)
  8. by   lynn1967
    I changed my ID so I could discuss this more openly, just in case anyone I know was reading--they would recognize my name!! Ummmmm, just my opinion, if my child -who is asthmatic-was sick and wheezing, do you really think I want to get up at 5 am to bring her out into the FREEZING cold -great for asthma by the way--to SHOW someone I am sick. So then, here we are as nurses, having to decide if someone is "sick enough" to go home. Problem is, I live in a small town where there is not a huge choice of nursing homes to work in and they actually work with my school schedule. I just wondered if there was a LEGAL problem with that. Oh, by the way, they said a doctor's not does not work. You must actually COME IN. And about the union thing--OOOOOOHHHHHH boy, you could not even SAY union in the facility or you would be FIRED!!! They wrote a girl up for having a LTD catalog in the facility (not sure if you know what that is) They are union PARANOID!!!
  9. by   lynn1967
    okay--DUH I just realized how difficult it would be for someone to look at my first post on this and figure out who it was. Oh well--prove it!
  10. by   SmilingBluEyes
    Can you move where there are more opportunities? Just asking!
  11. by   mattsmom81
    I have seen similar things in my area around the holidays...in acute care.

    Love these non union, employment at will areas.
  12. by   SmilingBluEyes
    [QUOTE]Originally posted by mattsmom81
    I have seen similar things in my area around the holidays...in acute care.

    Love these non union, employment at will areas.
    [/QUOTE

    And they wonder why so FEW qualified people wish to do LTC---esp in places like this. I know not the legal recourse but would sure take the advice offered above and good luck!
  13. by   lynn1967
    No, can't really move anywhere else. My husband would never agree to that, and really don't want to. Of course I might be looking for another job soon--that's an even longer story!!!!
  14. by   TracyB,RN
    We had a similar thing going. With the sign and all. We have had a stomach flu throughout the facility, residents and staff. A CNA came in, but it was obvious she was sick. She was told to go home & be sure she is able to produce a doctor note dated for today, so she went to the ER. What a shame, b/c she is THE BEST cna I have ever worked with. So, to get out of working the holidays we had 4 cna's & 3 nurses just up & quit. What a bummer.

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