FMLA and "on Call" shifts

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Specializes in Er, Trauma, ICU, PACU IR.

Ill try to make this brief, I am an RN and work "on call" shifts a couple times a week and every 3rd weekend. My father is 78 and went for total knee replacement. He has multiple issues and is unable to care for himself. I applied for FMLA starting on the surgery date and was approved. On the day of surgery (late in the day) I received a VM msg from my manager, who incidently is a radiology tech of 20yrs, telling me that since I hadn't arranged for someone to take my call that night id better "have my phone on" and come in if needed. So to make a long story short I didn't go and it was documented on the paper work AND I had discussed this with him at least 3 times since filing the paper work and being approved that I would not be in on the day of sx. One of the other RNs took my call shift and now they are trying to say when I come back I will have to make up all the on call shifts I missed. I have never heard of this and potentially I could be "on call" for a month or more. This is in addition to my regular work hours of 9-5 M-F....anyone anyone?? Help!

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Specializes in OR, Nursing Professional Development.

I would look into the official policy regarding time off and responsibility to make up on-call shifts.

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Specializes in Management, Med/Surg, Clinical Trainer.

You might want to reach out to your HR department in relation to this. You applied and received FMLA, and gave notice of when you will be gone, there is no way she can expect you to cover your shifts.

I would also let the HR department know that you are being told that you will need to cover call due to your FMLA. WOW!!!!

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I am sorry to read this. After being treated like this, I would have to say that I would be actively seeking work elsewhere. How disgusting.

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Specializes in orthopedic/trauma, Informatics, diabetes.

I thought FMLA was to protect us from that kind of stuff.

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Specializes in Critical Care.

There's no specific language in FMLA laws about employer policies for making up hours, but it does prohibit FMLA "interference" which includes anything that would discourage you from taking FMLA. There have been many court cases that successfully prove a requirement to make up hours is FMLA interference, but it's certainly more of a hassle and costly to have to make this claim through a court rather than as a direct claim to the department of labor.

Filing a court case may not be worth the effort, but I don't think it hurts to go to your HR department and point out that this certainly sounds like FMLA interference and if they have any intention to avoid such a claim.

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Specializes in Ambulatory Care-Family Medicine.

I hope you saved that VM. I would reach out to HR and let them know about asap. I'll definitely admit that I know very little about FMLA but I don't think they can do that.

*side note I'd be job hunting as well just to keep your options open in case your manager tries any kind of retaliation.

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FMLA is leave. You do not need to find coverage yourself or to make up the call time. That's like telling people on maternity leave they need to find their own coverage

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