Between a Rock and a Hard Place

Nurses General Nursing

Published

This is more of a vent, because I am becoming more and more anxious the more I look at things. My place of employment works on a points system and a rolling calendar year for call outs. It doesn't matter whether you have a doctor's note or not, it still counts against you. 5 points (each call out or leaving early is a point) and you're gone.

I am the primary caregiver for my elderly mother and I am in the process of being diagnosed with Fibromyalgia, myself, on top of old back injuries, anxiety, and depression. I'm afraid for my job now because, due to a rolling calendar year, I am now looking at 7.5 months ahead where I can't have any family emergency, can't become sick and call out, and can't come to work and be sent home (because even if THEY don't want you there, it counts against you) without being fired. My absences have not been excessive (4 in the past 7 months, all excused with provider notes due to very REAL issues, and one was when I was sent home by one of the providers I work with because I was so sick that he really wanted me admitted and I just declined), except in the eyes of the employer.

I don't know what to do, not that there's anything I can do. I work around sick patients, coworkers come to work sick, my mother's health has its ups and downs, and I've also been dealing with health issues. I'm just so scared right now because I can't afford to lose my job. Unfortunately, I haven't yet been there for a year so I don't qualify for FMLA.

44 minutes ago, NRSKarenRN said:

STOP the overtime ---not required, your health/mother more important. Placing my Manager hat on, workplace often require us to give notice of amt time off used, especially at end of year. Do your best to skate thru the next 5 months without callouts, then apply for intermittent FMLA.

Wishing better 2020 for you.

Thank you! I really do appreciate your well wishes! Unfortunately, the OT is unavoidable: we work 8.5 hours/day to "build in" a half hour lunch that we're supposed to get, but it's impossible to because it's only me, myself, and I in my department at the moment (no one else has applied and the other person left). If I don't do it, it literally won't get done and some things are too time sensitive to put off until tomorrow which puts something else off until the next day, etc.

1 Votes
Specializes in Urgent Care, Oncology.

Can you file for disability protection? Sounds like you have some issues that would qualify. I would research the ADA and ask for accommodations.

1 Votes
On 12/11/2019 at 8:28 PM, StillSearchingRN said:

Thank you! I really do appreciate your well wishes! Unfortunately, the OT is unavoidable: we work 8.5 hours/day to "build in" a half hour lunch that we're supposed to get, but it's impossible to because it's only me, myself, and I in my department at the moment (no one else has applied and the other person left). If I don't do it, it literally won't get done and some things are too time sensitive to put off until tomorrow which puts something else off until the next day, etc.

This might make you feel better:

Ask around your coworkers - ones that you trust, and who have been around for a while - and ask others in other departments if possible: has anyone actually seen a good staff member get fired for accumulating six whole absences?

Sometimes the allowable number of absences is a bit like the speeding limit; the actual number isn't what's posted on signs, but varies depending on the area and who's enforcing it. Your workplace uses such a low number that either...

A) you work in an extremely saturated market, and your employer fills positions extremely easily (note, even if this is the case, filling positions is an expense and being too quick to fire people is usually a poor business strategy regardless).

Or

B) the "maximum" absences is really only a made up number to try to improve compliance and impose leverage on staff. The actual number that gets you fired... that's something else, and other factors besides attendance are weighed into that decision anyway.

I think option B is the more likely scenario. Ask around to find out.

So assuming option B, what's the real number? I couldn't say. On the one hand, you're new, which means that you don't have the kinds of protections of someone who's been around long enough to make friends, establish a record of good performance, eaten dinner with your bosses, etc. On the other hand, your post quoted above is pretty clear evidence that the organization is in no position to fire you in the first place.

So...

Keep doing good work there. Pick up OT when your life allows it, because working the OT nudges your workplace toward making you more indispensable anyway. Build a good relationship with your boss and coworkers. Be quiet about your mom - if your employer is unscrupulous emough, they might actually see an oncoming FMLA case as a reason to ax you just before that 1 year mark.

Do all that, and I bet you make the 1 year mark with no problem, even if you have an absence or two over the "limit." They might put a letter in your file or give you a good talking to when you cross the defined "limit." So what of that? Nod your head, ask for another chance, and say thanks when they give you one. Because unless they're firing staff left and right for some nonsense, they probably will give you one.

6 Votes

Are you swiping "no meal deduction" on the days when you don't get a lunch? As an hourly employee (in my state), it's illegal for a lunch deduction to be taken when you can't leave the building.

As Cowboyardee said above, many supervisors don't stick to the "maximum absences" policy. My workplace would be a revolving door of employees if they did.

3 Votes

Maybe you could work Agency/Registry and set your own schedule pretty much.

Can you get on Disability? Either Social Security Disability or buy short-term and long-term disability insurance on your own if you don't already have them via your employer, and use it.

Hire help for your Mom, as advised above.

Wear a mask if someone around you is ill.

Is your job really worth all of this crap? Good luck.

1 Votes
On 12/11/2019 at 7:28 PM, StillSearchingRN said:

Thank you! I really do appreciate your well wishes! Unfortunately, the OT is unavoidable: we work 8.5 hours/day to "build in" a half hour lunch that we're supposed to get, but it's impossible to because it's only me, myself, and I in my department at the moment (no one else has applied and the other person left). If I don't do it, it literally won't get done and some things are too time sensitive to put off until tomorrow which puts something else off until the next day, etc.

They have to pay you if you don't get an uninterrupted 1/2 hour lunch, during which you are absolutely free of any duties and can leave the work area. That is the law.

Have you even tried to take lunch, like by asking someone to relieve you? I know you're trying hard not to make waves and you think they value you because you are working through lunch and trying to keep up your attendance. They'll likely fire you just as fast, though, as if you take lunch and , Gasp, something time sensitive has to be put off til tomorrow.

Just curious - what is so critical? What kind of office do you work in?

0 Votes
On 12/13/2019 at 8:46 AM, Cowboyardee said:

This might make you feel better:

Ask around your coworkers - ones that you trust, and who have been around for a while - and ask others in other departments if possible: has anyone actually seen a good staff member get fired for accumulating six whole absences?

Sometimes the allowable number of absences is a bit like the speeding limit; the actual number isn't what's posted on signs, but varies depending on the area and who's enforcing it. Your workplace uses such a low number that either...

A) you work in an extremely saturated market, and your employer fills positions extremely easily (note, even if this is the case, filling positions is an expense and being too quick to fire people is usually a poor business strategy regardless).

Or

B) the "maximum" absences is really only a made up number to try to improve compliance and impose leverage on staff. The actual number that gets you fired... that's something else, and other factors besides attendance are weighed into that decision anyway.

I think option B is the more likely scenario. Ask around to find out.

So assuming option B, what's the real number? I couldn't say. On the one hand, you're new, which means that you don't have the kinds of protections of someone who's been around long enough to make friends, establish a record of good performance, eaten dinner with your bosses, etc. On the other hand, your post quoted above is pretty clear evidence that the organization is in no position to fire you in the first place.

So...

Keep doing good work there. Pick up OT when your life allows it, because working the OT nudges your workplace toward making you more indispensable anyway. Build a good relationship with your boss and coworkers. Be quiet about your mom - if your employer is unscrupulous emough, they might actually see an oncoming FMLA case as a reason to ax you just before that 1 year mark.

Do all that, and I bet you make the 1 year mark with no problem, even if you have an absence or two over the "limit." They might put a letter in your file or give you a good talking to when you cross the defined "limit." So what of that? Nod your head, ask for another chance, and say thanks when they give you one. Because unless they're firing staff left and right for some nonsense, they probably will give you one.

Don't ask around. That's gossip, could get back to bosses, you might get wrong information. Keeping quiet about your and your Mom's troubles and about the rules at work is best.

Stop eating sugar in all forms, including fruit. Tomatoes, sweet peppers, cucumbers all have lots of sugar, too. Eat no more than 30 Gm. of CHO per day.

Stop all grains, stop rice, pasta, potatoes. Corn, barley, wheat, rye, oats, spelt, just stop.

Healthy oils only - coconut, olive, avocado

Seeds and nuts

Eat only above-ground vegetables and healthy, organic meat, poultry, eggs, fish, and dairy.

Stop margarine. Use real butter.

Use naturally-decaffeinated coffee.

No soda.

Eat once. Within 8 hours, have your last meal of the day. you will be fasting about 16 hours per day.

This type of eating could improve your health. Good luck.

0 Votes
On 12/13/2019 at 10:08 AM, 2BS Nurse said:

Are you swiping "no meal deduction" on the days when you don't get a lunch? As an hourly employee (in my state), it's illegal for a lunch deduction to be taken when you can't leave the building.

As Cowboyardee said above, many supervisors don't stick to the "maximum absences" policy. My workplace would be a revolving door of employees if they did.

Yes I am swiping.

As far as the policy, I've read the policy as written by HR and I've received a strongly-worded letter from my manager when I asked her whether it was gospel that it is.

0 Votes
1 hour ago, Kooky Korky said:

They have to pay you if you don't get an uninterrupted 1/2 hour lunch, during which you are absolutely free of any duties and can leave the work area. That is the law.

Have you even tried to take lunch, like by asking someone to relieve you? I know you're trying hard not to make waves and you think they value you because you are working through lunch and trying to keep up your attendance. They'll likely fire you just as fast, though, as if you take lunch and , Gasp, something time sensitive has to be put off til tomorrow.

Just curious - what is so critical? What kind of office do you work in?

Right now there is literally no one else who is trained to do my job. Since my coworker left, I am the only care coordinator for the practice. Due to regulations, everything has to be handled within 2 business days of a patient discharge. With over 100 discharges a day on average, if I don't finish that day's then it's added to the next day's insurmountable numbers.

1 hour ago, Kooky Korky said:

Don't ask around. That's gossip, could get back to bosses, you might get wrong information. Keeping quiet about your and your Mom's troubles and about the rules at work is best.

Stop eating sugar in all forms, including fruit. Tomatoes, sweet peppers, cucumbers all have lots of sugar, too. Eat no more than 30 Gm. of CHO per day.

Stop all grains, stop rice, pasta, potatoes. Corn, barley, wheat, rye, oats, spelt, just stop.

Healthy oils only - coconut, olive, avocado

Seeds and nuts

Eat only above-ground vegetables and healthy, organic meat, poultry, eggs, fish, and dairy.

Stop margarine. Use real butter.

Use naturally-decaffeinated coffee.

No soda.

Eat once. Within 8 hours, have your last meal of the day. you will be fasting about 16 hours per day.

This type of eating could improve your health. Good luck.

I totally agree with you. This is usually how I eat, but I've been off of it because of the holidays and social push for conformity by indulging in the heaps of sugary goodies that everyone always brings in.

0 Votes
Specializes in Acute care.

Sorry you’re going through this. Ironic because we would never tell our patients to work when sick and contagious. My workplace has a similar point system.

speaking from experience, some employers offer “accommodations” due the the ADA law where the department must work with you on your schedule regarding absences related to your medical condition.

this may be extreme, and too expensive, but maybe consult an employment lawyer if this remains an issue

0 Votes
13 hours ago, StillSearchingRN said:

Yes I am swiping.

As far as the policy, I've read the policy as written by HR and I've received a strongly-worded letter from my manager when I asked her whether it was gospel that it is.

With no offense at all intended, what would you expect your manager to say?

Either your workplace could survive without the work you do, in which case there's no particular necessity for you to rearrange your life to work more overtime... or else your work is critical to the organization, which means that having no one else trained to do your job is your job security, policy be damned.

Of course it's possible that you work for idiots who'll happily shoot themselves in the foot in order to enforce a policy that's already more draconian than any I've ever seen. My sympathies if so. But it sounds more like you're being bluffed in one way or another to me.

2 Votes
Specializes in Med Surg, Tele, PH, CM.

One of your greatest stressors seems to be caring for your mom, so find some help. Contact your local Office on Aging and explore services available to her. There are often many programs available to help you depending on where you live. It is very important that you stay ahead of the points for the next 5 months. Then I would follow the previous advice to get away from bedside care. If you want to stay at your current hospital, there are jobs you can do that do not involve shifts or weekends/holidays. If not, look for one outside the hospital setting.

0 Votes
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