Need advise about denied vacation.....

[ComeTogether]

So, I need some un-biased advise from people who don't know me. :-)

I have worked as a CNA/Secretary for 3 years on the same unit in a hospital. I am just coming off of medical leave---I had to have surgery.

I requested a week off over the summer many months ago to attend my sisters wedding, which is out of state. (I moved away from my family)

The time off was approved, but unfortunately, I have used all of my vacation time while I have been on FMLA, and my boss isn't letting me have the time off.

I am not allowed to get it covered, only to switch, which isn't possible because I am limited to only working Secretary right now and no one is able. The kicker is I am only working 2 shifts that entire time because that's all they can give me with my restrictions right now. So I'm missing this entire wedding for 2 shifts.....

I understand where she is coming from, as the rules are the rules and the policy does in fact state that approved time off can be revoked in the event you don't have PTO.

I could take another vacation, purchase new tickets ( yes they are non-refundable) BUT I will never get another chance to see my Sister get married.

I have spoken to HR and they told me she is indeed within her rights to do this, but they advised me I could speak with the head of HR to attempt to get special permission for this extenuating circumstance.....that there are always "grey areas" that can sometimes be worked out.

What do you all think? Is she being unreasonable? Am I over-reacting?

Should I escalate it to the head of HR which is going over her head, or just leave it alone and be thankful I still have a Job???

[ksrn20]

How terrible! You should definitely fight all this unfairness!

[ksrn20]

I know nurses who had work related injuries and fought with their employers about inability to accommodate, they went through years of stress and ended up working in desk jobs at different employers in the end.

It is difficult to fight an employer's inability to accommodate, most staff nurse positions require physical labour and an employer can argue that they are not required to pay a nurses salary for secretarial work. I would start looking at the requirements for alternative nursing positions and upgrade my education or qualifications to make myself marketable for a less physical nursing job.

She stated she is a CNA and secretary not a nurse therefore my guess is she paid the same for both positions. In that case, no they aren't paying a nurse for secretarial work and the employer cannot claim that.

[dishes, BSN, RN]

Thanks for clarifying ksrn

Glycerine, were you originally hired into a combined CNA/secretary position? or were these two separate positions and you happened to be working both?

[guest699183]

Speak to an attorney. Workman's comp? Can make a difference with their ability to accommodate your restrictions...as well as the whole FMLA thing. Workman's comp is a different animal in its entirety. And not sure you would want that specific job back, per se, but to be able to transfer within the facility? Or to another facility within the same company? Or to not have a "no rehire" status?

I also suggest speaking with an attorney. I have a family member who works at a large hospital who is on workman's comp. and so is a coworkers of hers. She got an attorney and the coworker did not - it's night and day in terms of the compensation and how they are treated by the hospital.

[ComeTogether, LPN]

She stated she is a CNA and secretary not a nurse therefore my guess is she paid the same for both positions. In that case, no they aren't paying a nurse for secretarial work and the employer cannot claim that.

I actually get MORE to work secretary, LOL.

I talked to my Hubby and he is glad I'll be able to go with him to the wedding. (he had the time off too, and both of us have non-refundable tix)

He's also being really good about me not having a job. Thinks I should focus on school and try to work part-time somewhere. God Bless him, LOL.

I've considered workman's comp, but when I dis-located my knee (in a patents room!!!!!!) they denied me saying it "just happened" and it wasn't because of "work" that I got hurt. (I was just passing a tray and down I went....no rhyme or reason) So, I didn't push it with the broken heel because I have short term disability insurance and I didn't think I would lose my job. Its going to be really hard to prove it was work related, but it may be worth a shot.

I work in a right-to-work state, so they can let me go for any reason they wish. Its company policy to terminate the position of anyone out of FMLA longer than 12 weeks. (I used 9 for a previous injury and 3 for this one with at 2 week extension)

I am eligible for re-hire. I was told to re-apply when I "get better". I couldn't really talk much, I couldn't stop crying. *stupid hormones*.

Thank you everyone for your advise and kind words. I'm really dis-heartened and defeated over this whole thing.

[ComeTogether, LPN]

I also suggest speaking with an attorney. I have a family member who works at a large hospital who is on workman's comp. and so is a coworkers of hers. She got an attorney and the coworker did not - it's night and day in terms of the compensation and how they are treated by the hospital.

Thank you. I will probably get a consult from one. The problem is most attnys in this area won't go against my hospital for whatever reason....but I will still try.

[ComeTogether, LPN]

Thanks for clarifying ksrn

Glycerine, were you originally hired into a combined CNA/secretary position? or were these two separate positions and you happened to be working both?

Dishes, I was originally hired as both. Through the years I have gone back and forth. For about a year I did secretary full time, and I've always done it at least part time. Usually 2 CNA shifts and 2 Sec shifts every week.

[ComeTogether, LPN]

Sounds like maybe Workers' Comp case re: your broken heel. Get lawyer's advice.

Sorry you are fired, but that might be wrong, too. They might not be allowed to do that to you - not sure. Again, check with employment attorneys.

Just my 2 cents about weddings: I know they're huge deals these days, but they cause so many people to lay out all kinds of money they can't afford, emotions are too high, clear thinking lacking, jobs are lost. People should really not expect the world to stop because they are getting married. Same with having kids. Routine, just routine. Totally special for those intimately involved, but a pain for those who are not. Sorry if I offended, just my view.

I hear what you're saying about weddings. Honestly, If it weren't my immediate family I wouldn't care. She came to mine though, and I feel like I owe it to her to make every effort to make hers. I would have chosen the job over the wedding if It came down to that but unfortunately that decision was made for me.

[jadelpn, LPN, EMT-B]

Best of luck and if your family is good with part time work and school, then I would go for it.

If you are eligible for rehire, I would take that as a positive, and find something else while you are in school.

This sheds a different light for me--

The rest is just, well, the rest--and I am not sure I would take on a whole lot of lawyer drama and try to go to school too.

[brandy1017, ASN, RN]

It used to be CNA's could transfer to HUC if they needed a break or had physical problems from the job, but this is no longer the case in many places. The trend has been to combine both positions HUC/PCA for the employer benefit and there is no consideration for the employee who may need a non-physical job. Where I work they terminate people after 6 months if they can't come back to work due to a medical problem.

I wish there was a national no lift law in place to require hospitals to provide the equipment including ceiling lifts to save staff from back injuries, etc.

[nursemike, ASN, RN]

My first thought when I saw you'd been terminated was get a lawyer. Even in a right-to-work state, there are usually laws about wrongful termination, and even if you didn't get your job back, you'd have a decent shot at collecting worker's comp instead of unemployment--and still maybe have unemployment if the worker's comp ran out. But it sounds like you won't starve if you are out of work a bit, so maybe the best advice is to enjoy the wedding, take whatever time you need to recover, and move on. Depending on location, jobs may not be growing on trees, but you deserve a place that will appreciate you more than that. Best of luck.

[ComeTogether, LPN]

It used to be CNA's could transfer to HUC if they needed a break or had physical problems from the job, but this is no longer the case in many places. The trend has been to combine both positions HUC/PCA for the employer benefit and there is no consideration for the employee who may need a non-physical job. Where I work they terminate people after 6 months if they can't come back to work due to a medical problem.

I wish there was a national no lift law in place to require hospitals to provide the equipment including ceiling lifts to save staff from back injuries, etc.

Actually my hospital IS a no lift hospital, but because I work in rehab it doesn't apply to us. The mentality is that the patients can't be rehabbed if they're being put in machines. I kind of understand it, but I think they should take it on a case by case basis....... Some patients come to us and are actually max x 3 and we don't hoyer them. Insane