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Is this legal???



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Oct 08, 2003 12:54 AM

Is this legal???


My current place of employment has recently posted a notice to us CNAs, stating that if we are going to call out, we must first okay it with the DON! The nurses have specific orders to offer any and all over the counter meds to any CNA attempting to call in sick , and if we refuse, we HAVE to talk to the DON, as well as bring in a note from our physician stating that we are, in fact, ill. This really bothers me, especially since management is trying to tell us that a "normal" person is only ill one or two times a year ...When most of our staff has kids at home, I DON'T THINK SO! One of the staff members was telling me that it is illegal for the company to require this of us. Does it sound right to you???

There are about a MILLION other rants I could go on about this company, but unfortunately none of the LTC facilities here in town (Reno, NV) are rated much better. All of the aides who I have talked with who have been CNAs in other states are just appalled at how things are run...Sigh...It's SO depressing.

Thanks In Advance
Stacy


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10 Comments
No. 1
from Noney
Old Oct 08, 2003, 04:28 AM

You can call your state's Board of of Fair Labor and ask them. Is this directed only to CNA's or other staff also? It sounds like it's time to stand together.

Noney
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No. 2
from Jay Levan
Old Oct 08, 2003, 04:29 AM

Unhappy Employers Requirements
Hi Stacey,
I'm sorry to have to tell you this but, if you work in an "AT Will" state Ga., Tn., Nev. to name a few, your Employer may REQUIRE anything they want from you. Ask any attorney and they will be more than happy to set you on the right track for employees of those states. Sorry about that.
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No. 3
from BBFRN
Old Oct 08, 2003, 04:41 AM

Over-the counter meds won't prevent you from spreading airborne viruses to your already at-risk residents will it? Are they going to require you to all get flu shots, too? And wouldn't it put the nurses' licenses at risk for giving out unprescribed meds to staff members??? Sounds like a desperate measure to cut down on frequent call-ins. If so, what is the real reason people are calling in sick so much?
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No. 4
from Brownms46
Old Oct 08, 2003, 05:28 AM

Hi Stacy,

I will just tell you that the person who told you that is correct. There are many problems with this new notice, and I would respectfully tell you to consult an attorney, if you find yourself having to call in sick, and are subjected to what I feel are illegal actions on the part of your employer.

First of all a policy, that only addresses one segment of the employees for that company is wrong! If this notice only affects CNAs, then it's wrong! Second, the LPNs in that facility, do not have a license to prescribe and or treat you for anything, without a doctor's order, and without your consent!

This is only a part of what this employer has failed to do their homework on! Many employers have failed to follow Federal law regarding employee rights, and have been sued because of it!

Find an attorney if you feel this notice affects you, and find out what your rights are. Don't say a word to anyone, until you have receive an answer. Then proceed from there on the advice of an attorney. Take care, and KNOW YOUR RIGHTS!
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No. 5
from StacyC417
Old Oct 09, 2003, 01:49 AM

Thanks ladies...Unfortunately I DO live in a "Right to Work" state (Nevada), but I will still be getting in touch with both the Labor and Nursing boards here. Some of their policies just make me really uncomfortable...sigh...

Stacy
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No. 6
Old Oct 09, 2003, 01:51 AM

Stacy....I live in Carson City...we are neighbors...I'm in the nursing program at WNCC...any advice you can give me on where NOT to work when I'm through?? LOL
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No. 7
Old Oct 09, 2003, 02:28 AM

Sounds like one of those places that requires employees to notify their supervisor at least 2 weeks in advance of any death, whether that of a family member or their own........
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No. 8
from angelbear
Old Oct 09, 2003, 02:46 AM

Personally I dont have a prob with requiring a note from your MD especially for frequent call ins. However nurses are not there to treat ill employees as a matter of fact it is illegal most everywhere for us to despense meds of any kind to anyone with out an MD order. Furthermore I have a serious problem with ill employees being encouraged or forced to come in and infect the residents and or other staff. Definately check these things out and good luck to you.
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No. 9
from renerian
Old Oct 09, 2003, 05:35 AM

One company I used to work for was considering doing that. I called the Pharmacy Board for our state and found out if they did that they had to list all OTCs on the pharmacy licensure for their building so they did not do it. Might want to call that board in your state and ask them if they have to list OTCs on their facility licensure in their state. That may nix it. I did that paperwork and wow it is lengthy in Ohio.

renerian
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