Deleting or changing shifts requirements

[yummy]

Hello,

I know the hospital has the right to change a shift or delete a shift but I also believe that the Nursing department is required to submit a request to NYSNA 60 days prior to changing anything. I want to ask anyone if this is right or did I missed anything. Thank you for the input.

[sallyrnrrt, ADN, RN]

Nursing administration has the responsibility to meet staffing patient needs.... Do you work in an "at will state"

[yummy]

I know and understand about the patient staffing. I just want to know NYSNA requirement before the nursing administration can do that.

Thank you for the response.

[KelRN215, BSN, RN]

How would you give 60 days notice before canceling someone's shift? You don't know what the census will be 2 months ahead of time.

[yummy]

Ok, maybe I was not clear enough, my apology. A nurse coming from a 6 months disability, was told to get cleared and administration say, you don't have the 12 h anymore , we deleted it, you have to work 8 h. That's where the question came from. Thank you

[LadyFree28, BSN, LPN, RN]

Ok, maybe I was not clear enough, my apology. A nurse coming from a 6 months disability, was told to get cleared and administration say, you don't have the 12 h anymore , we deleted it, you have to work 8 h. That's where the question came from. Thank you

Have you reached out NYSNA for more info?

[Rose_Queen, BSN, MSN, RN]

Ok, maybe I was not clear enough, my apology. A nurse coming from a 6 months disability, was told to get cleared and administration say, you don't have the 12 h anymore , we deleted it, you have to work 8 h. That's where the question came from. Thank you

If the nurse was out on FMLA, they are only required to hold a position for 12 weeks. 6 months is well beyond that timeline, and they were not required to hold her position any longer. The fact that they are offering her 8 hour shifts is actually more than required- they had every right to no longer employ the nurse once the 12 weeks were up.

And this further information you added in the quoted post makes a world of differences.

[Rose_Queen, BSN, MSN, RN]

Additional information from the federal Department of Labor:

LIMITATIONS TO FMLA PROTECTIONS

An employee on FMLA leave is not protected from actions that would have affected him or her if theemployee was not on FMLA leave. For example, if a shift has been eliminated, or overtime has beendecreased, an employee would not be entitled to return to work that shift or the original overtime hours.If an employee is laid off during the period of FMLA leave, the employer must be able to show that theemployee would not have been employed at the time of reinstatement.

And more about going beyond the 12 weeks and requiring clearance:

Employees who are unable to return to work and have exhausted their 12 weeks of FMLA leave in the designated "12 month period" no longer have FMLA protections of leave or job restoration.

Under certain circumstances, employers who advise employees experiencing a serious health condition that they will require a medical certificate of fitness for duty to return to work may deny reinstatement to an employee who fails to provide the certification, or may delay reinstatement until the certification is submitted.

[Rose_Queen, BSN, MSN, RN]

Have you reached out NYSNA for more info?

Would the NYSNA even have any standing on this issue? Unless OP is confused between the state nursing association and the state Board of Nursing.

[LadyFree28, BSN, LPN, RN]

Would the NYSNA even have any standing on this issue? Unless OP is confused between the state nursing association and the state Board of Nursing.

I don't know either...I wanted to know if the OP tried to find out from the source they quoted-the OP is asking a specific question that May be particular to her employer, and if, per my research is correct, NYSNA does represent nurses as several employers is NY state, meaning if she has a rep at her employer, they may be able to ask said source.

[yummy]

Unfortunately, she sold me out.

[Esme12, ASN, BSN, RN]

Unfortunately, she sold me out.

What do you mean "sold" you out?