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.
At my place of work, absences are counted from the 1st day you call out sick. If you're out three days, for example, that counts as ONE occurance. If you then come in for a day, yet must stay out the next, then that's TWO occurances. With each occurance you receive a disciplinary level One, Two, etc. ending with termination. If you have a chronic condition such as vertigo, migraines, etc you can apply for FMLA and if you call out for those conditions they're not supposed to count against you.
At my facility we have PTO (Paid Time off) and EMTO (Extended medical Time off). Hypthetically I call in (regardless of illness or i just don't feel like working) I can do so up to 4 times per calendar year with no repercussions on the 5th I get a level one, 7 a level 2, 9 a level 3, 10 termination. We use PTO for any vacations. We also use PTO for an illness up to 32 hours off, if you are off for 32 hours you then go into EMTO. Bringing in a doctors note does not make the occurreces go away, only legitimizes them. The only way for my employer to not count them is if I pursue a FMLA or LOA for the condition or care of a qualified loved one. You can also apply for intermittent FMLA with a doctors permission and with the doctor writing for it. Any FMLA or LOA occurences are protected from repercussions.
5 occurrences in a year is not many if you are allowed 10 a year. We are only allowed 4 before consequences ensue. If you think you are being treated unfairly, ask to see the written policy for your facility.
I know I am a little late weighing in...however. I was an HR Manager before I became a Nursing student this year and I have delt with the attendance/writing up/FMLA/STD issue for years and can say the following-
If you have 90 sick days and the attendance policy states that you can only have 1 unscheduled absence before you receive a warning, then, you will receive a warning.
It makes no difference what the reason is for your absence, you can use your days for fishing, going to the mall, playing sick or actually being sick..what you want to do with your time, is up to you. It makes no difference to the employer unless you are covered by disability or the FMLA.
HOWEVER: You may have been covered for some of the illnesses. In order to use FML you or your child must have had a "serious illness" or illness that requires continuing treatment ie. disabled from a car accident, cancer, kidney disease. The courts have also ruled that asthma and the flu are covered, but you must have gone to see the doctor frequently in order to be covered. The problem is that you are not just automatically covered, you have to apply for FMLA at the time of your illness.
So, take your write up, because it is legal, but in the future, check with your HR department to see if your illness or your family's illness is covered.
Once again, it's NOT the number of days they're counting. It's the number of incidents you have per year. If you have 10 sick days due and you use them up individually, it's vastly different than if you call out 3 times and use all 10 days.
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.
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wow surprising that a nurse wouldn't have more compassion for a person battling cancer and needing a sick time than a single parent with a child sick at home with stomach flu.
i'd have more compassion or understanding as a manager for a parent with a sick child with cancer than with someone who frequently has to take time off for colds, ear infections etc.
An unscheduled absence is a "call in"...so when I was referring to an unscheduled absence...that is what I meant. The hospital can set any number of "call ins" before you get written up and you have to go by them because you have decided to work there...the reason for the call ins is not relevant unless you are covered by FMLA.
A person with a long-term serious illness can be protected by FMLA. Also, their absences from work are somewhat predictable. The employer knows that it is likely to happen for a set period of time.
On the other hand ... the person who calls in sick frequently for minor personal or family illnesses generally is unpredictable in their absences. The employer has a harder time making back-up arrangements for the unpredicatably absent.
Also, it is very difficult to know for sure (verify) that a lot of "little" absences are necessary. If left unchecked, a lot of people will abuse their sick time and cause a lot of disruption in the workflow while calling in "sick" unnecessarily. A person with a chronic/serious illness can have that need for time off officially verified by a physician and the case reviewed by the Human Resources department.
Well, lots of good info from this thread. I appreciate it.
Overall, I think the policy they have in place is ridiculous, and unfair. I understand the need to "come down hard" on the people who always have a reason to not be at work, and call-in excessively. 4 call-ins in one year is not excessive, especially when you have a 3 year old and work with sick people all the time.
And no, I really don't want this job that bad. I'm interviewing for several other positions next week. I can't wait to say "Adios", for this reason and many others.
Well, lots of good info from this thread. I appreciate it.
Overall, I think the policy they have in place is ridiculous, and unfair. I understand the need to "come down hard" on the people who always have a reason to not be at work, and call-in excessively. 4 call-ins in one year is not excessive, especially when you have a 3 year old and work with sick people all the time.
And no, I really don't want this job that bad. I'm interviewing for several other positions next week. I can't wait to say "Adios", for this reason and many others.
I agree that it's not excessive and it shouldn't be that way anywhere, but on the other side of it...if people aren"t at work on any given day, it imposes a burden on others which is unfair and rules like that discourage unscheduled absences. Also..an employer can't look at everyone's home situation and treat each employee accordingly..so they have 1 general policy.
Specializes in Pediatric ED;previous- adult Ortho/Neuro.
In my previous career, I did restaurant management and was personally in charge of most of our bookkeeping, so I became pretty familiar with laws regarding documentation in employee files, policy writing, and unemployment, etc etc.
My best advice would be to carefully review the actual policies at your facility, to know exact wording. Maybe also just talk to your supervisor. Ask for clarification of the new changes to the policy (I am wondering if it is actually newly written changes, or if they are just trying to be strict, with nothing to back it up, which would NOT be legal, potentially). If there really is just a problem on the unit of absenteeism, they are probably trying to crack down. Make it sound like you want to work with them, and be on the "up and up" (even though they are ridiculous and I don't blame you =) )
Find out exactly what they are trying to enforce (number of days, guidelines for calling in: certain amt of time prior to shift, do you need MD notes, etc), and ask how you can best remain in good standing, while maintaining family duties as well. make it clear that you want to do things correctly, as you have proven all along with the work ethic you seem to have exhibited all along. This will help them to see you truly are not trying to "take advantage", and you will appear as a team player who is on their team.
Because, the reality is, you are an employee at will, as PP have said. That means an employer legally can terminate employment at anytime, as long as they do not violate any written contract or policy that is existing. Really, reason for termination, in my past experience, ended up being significant more when dealing with unemployment requests. Thorough documentation of write-ups and such, showing just termination of an employee meant we did not and up paying for their unemployment benefits when they pulled the common "no call, no show". If they were fired "just because", we paid unemployment. Either way, it was all legal.
I have no idea if any of that made sense, but hopefully it was at least somewhat helpful. =) Good luck, and I don't blame you for looking to move on. I am lucky, working in peds ED, our supervisors are understanding when we call in. We do not have a problem of people just calling in or abusing it, but the philosophy is that if you are sick, our kiddos really do not need exposure to it. We have PTO also, for sick time, vacation, whatever. Usually though, if I have to call in (son has asthma, so it happens once in a while), I will usually let them know if I am available potentially later in the week and they need some coverage.
My facility has much the same attendance policy as the original poster's.
I received a verbal warning about a month ago for calling in sick 3 times in one calender year.
I called in once for a migraine headache. I called in once with rota virus. I called in once with RSV. I brought doctor's notes for all my absences. And when I called in, I asked if they had enough staff to cover the day, because if not, I would come in anyways.
I think it's a sucky system - so punitive. No one wants to be sick or use their paid time off for legitimate illness, rather than a vacation. I realize that employers have to run their businesses as businesses and count on employees to be there; however, I think the policies could be adjusted to reflect understanding of legitimate illness. For example, they could leave the "point system" the same - at 3 points you get a verbal warning. But instead of having every call-in be worth a point, have a call-in with a doctor's note (or a legitimate illness) only be worth half a point. Or something like that.
I think that there would be less people coming to work sick (and making everyone else sick), if the systems were less punitive, and less frivolous call-ins if people were more accountable for those, rather than for legitimate illnesses.
As it is, it just makes me angry that I have to be exceptionally careful not to get a headache or cold or sore throat or ANYTHING before April 12, so that I don't - god forbid - incur another point.
truern
2,016 Posts
To the OP:
At my place of work, absences are counted from the 1st day you call out sick. If you're out three days, for example, that counts as ONE occurance. If you then come in for a day, yet must stay out the next, then that's TWO occurances. With each occurance you receive a disciplinary level One, Two, etc. ending with termination. If you have a chronic condition such as vertigo, migraines, etc you can apply for FMLA and if you call out for those conditions they're not supposed to count against you.