Can an employer penalize you for calling-in due to illness?
What Members Are Saying (AI-Generated Summary)
Members are discussing the challenges of taking time off work for personal or family reasons, the impact of workplace policies on absences, and the availability of substitute nurses. Some members express frustration with policies and the difficulty of balancing work and personal responsibilities, while others highlight the need for proper utilization of substitute nurses to cover staffing shortages. There is also mention of the disparity in sick days between different professions and the impact of economic factors on staffing.
We're having some issues related to absenteeism on our unit, which resulted in our director auditing the attendance of every employee on the floor, and subsequently meeting with each and every one of us to discuss said attendance. I was given a "verbal warning", which I had to sign, due to having 3 call-ins over the last year. Yesterday, we had to take my 3-year old to Urgent Care, as it was evident he had bilateral conjunctivitis. I had to call-in today, because there's no way he could go to daycare, he needs antibiotic eye gtt TID, and has been spiking fevers of 102-103. I know from my meeting that 4 call-ins = a written warning. (At five, we lose our yearly bonus and are suspended for a couple days - it goes on from there.)
My question is - is this legal? I know my call-ins were illness-related (either my own or my 3 year old). I've gotten sick a lot over the last year, thanks in large part to working in an incredibly high-stress medical/telemetry unit and being exposed to every bug out there, which I then take home to my family, of course. I've been wading through FMLA, and it appears to me that illness would be covered, and I shouldn't be penalized for it, right?
Advice or information? I didn't find anything specific to the healthcare field in FMLA, which is the usual excuse when my employer does things like this.
I am one of "those nurses" who have fairly frequent call ins (at the present time I have a comp back injury - I'm not counting that - it is the first injury in 17 years - I am on light duty) I've only missed two days due to this back injury.
Anyhow, due to Psyc diagnoses, I do have fairly freq call ins. Whenever my meds are changed - I usually end up too lethargic to go in, this lasts a couple of days. I also have fairly severe insomnia, sometimes no matter what I take, I cannot sleep. I've had to call in with that on occasion too. I feel that my reasons for calling in are my own, I have a right to HIPPA just like my patients do. I give very little information as to why I am calling in. Secondly, until one has walked a mile in my shoes, don't presume to judge me or my reasons for calling in. In the past two years it has been Psyc issues - PTSD, Depression, Anxiety, "Functional Agoraphobia" - I've also have chronic pain from three herniated and two bulging disc's in my neck, I've had dependent edema and acities that took months to figure out what was wrong - I had some days I could barely walk, so I would call in. Long story short, after having every test available, it was decided it was the Remeron I was on, so that was stopped - after two weeks the edema went away - then I was put on another med - missed a couple of more days. Throw in between all the other stuff the the usually strep throat or sinus infection and you get the point.
i don't think someone with cancer deserves any more consideration than anyone who is trying to bring up their children, especially single parents, those without any family close by (you had your mom to help you, some of us have no one but friends or neighbors- no siblings or parents or other relatives or a helpful mate). sorry to be hard but i don't think it's fair.
they need to deal with those who are violating the policy in the ways you described - long weekends, etc, not make it hard on those who are trying their damdest to be good workers and good parents. this really angers me. in case you can't tell..:)
people choose to have children. no one chooses to get cancer. duh.
Specializes in Management, Emergency, Psych, Med Surg.
Yes they can. Anyone who has a chronic or ongoing illness or an immediate family member with an illness needs to make application for FMLA. This protects you when you have to be absent in times of illness. You are allowed up to 12 weeks per year with a 12 week extension if needed. You can find out more about FMLA from your HR department or from the Department of Labor web site.
FMLA is only for full-time employees where I work. I went part-time due to health so I wouldn't get penalized for missing work due to illness. I can do it because we aren't dependent on my salary. I feel for those who must work.
That said...every company has a few employees who will abuse the system. It hurts all of us.
Specializes in trauma, ortho, burns, plastic surgery.
My opinion: each and every facility need to have a policy and CLEAR rules for sick days and call-in.
Each and every facility need to have employee for oncall, PRN or partime hired and READY to be called, in the case when someone call in sick or call in.
I seen a strategy here in US, they not hiring enough people, but instead of it, offering overtime to employee and filling rest of opening spots with agency employee or travelers.
I really don't know how financialy efficient it is this. ....BUT is a very dangerous strategy and I will tell you why....
1. Working overtime...the employee will be exosted at one point, beeing exosted they will do mistakes (please go and look on study about it)
2. Working over time, the hapiness level is just fake increased
3. Are a lot of nurses outside who badly wish a job even an part time...
4.Working overtime... the personal life time will deacrease.... love family contact.... low hapiness...in time... we will have an unhappy employee
5. Working overtime, could decrease them health, sooner an overtimer will become sick, and you will have another spot to fill, or he /she will burnout, and go away
Human resource startegy to move around 3 people to fill 6 spots is a very dangerous one, even if you belive that is financialy good.
We work with people for people, not with robots for money. Is the most precious resource that we have THE PEOPLE. Taking care of employee, you will taking care of people and like a result you will taking care of YOUR company, and of course of your money, loooooool
Are many strategies to deal with people in HR, choosing the bad one just because seems to be financialy efficient now, in time we will see that is a bad one, with bad consequences.
Please go to see studies in hiring people and manage the employee. Everything is on top at managerial level, there is a big BUBU, lol
Babs0512
846 Posts
I am one of "those nurses" who have fairly frequent call ins (at the present time I have a comp back injury - I'm not counting that - it is the first injury in 17 years - I am on light duty) I've only missed two days due to this back injury.
Anyhow, due to Psyc diagnoses, I do have fairly freq call ins. Whenever my meds are changed - I usually end up too lethargic to go in, this lasts a couple of days. I also have fairly severe insomnia, sometimes no matter what I take, I cannot sleep. I've had to call in with that on occasion too. I feel that my reasons for calling in are my own, I have a right to HIPPA just like my patients do. I give very little information as to why I am calling in. Secondly, until one has walked a mile in my shoes, don't presume to judge me or my reasons for calling in. In the past two years it has been Psyc issues - PTSD, Depression, Anxiety, "Functional Agoraphobia" - I've also have chronic pain from three herniated and two bulging disc's in my neck, I've had dependent edema and acities that took months to figure out what was wrong - I had some days I could barely walk, so I would call in. Long story short, after having every test available, it was decided it was the Remeron I was on, so that was stopped - after two weeks the edema went away - then I was put on another med - missed a couple of more days. Throw in between all the other stuff the the usually strep throat or sinus infection and you get the point.
Just my
Blessings