Is this legal? - page 3
I am just wondering if this is legal. At the LTC where I work, over the holiday's there is a sign posted that states, From Dec 23-Jan 3 you will not be allowed to call in sick. If you are ill,... Read More
Jan 2, '03Occupation: Patient Education Specialty: 7 year(s) of experience in LDRP; Education ; Joined: Mar '01; Posts: 7,470; Likes: 56I'd check with your labor laws. I'm fairly certain that termination without cause (and being sick is not cause) is violating those laws. I'm with 2ndCareerRN. Call in sick, get fired, then collect unemployment from them.
Jan 2, '03Occupation: Patient Education Specialty: 7 year(s) of experience in LDRP; Education ; Joined: Mar '01; Posts: 7,470; Likes: 56
Jan 2, '03Joined: May '00; Posts: 2,065; Likes: 8That would be highly illegal here!
But then whenever you call in sick, you need a doctors letter, no matter how long or time of year.
Second, nobody can be fired during an illness and when there is suspision of abuse, the controllers of the union will come and visit the "sick" one. These controllers are either dr. or nurses, they have to get back to the supervisors in the hospital and the "sick" one gets an invitation to a) either go see a "neutral" doctor or b) report back to work at once.
Never (and I have been working quite long now) have seen someone getting kicked out.
Jan 2, '03Joined: May '02; Posts: 827; Likes: 42Arkansas is also a "right to work state" As my attorney put it, they can fire you if they don't like the color of your lipgloss, and it is PERFECTLY LEGAL. And people wonder why I am pro union.
Jan 2, '03Occupation: RN, MS home health Joined: Aug '02; Posts: 7,472; Likes: 49Wow Europe sounds strict.......
Jan 2, '03Joined: Apr '02; Posts: 884; Likes: 8Illegal, No. Stupid, Yes.
As long as the rule applies to all employees the employer is within their rights to set the rules. (Assuming the rules are non-discriminatory with regards to sex, race, age, etc.)
And, the FMLA doesn't apply unless as it must be applied for and approved in advance.
Jan 2, '03Joined: Apr '02; Posts: 38,756; Likes: 16,289Originally posted by kmchugh
Again, management not understanding the words "nursing shortage." Personally, I'd find another job, then when giving my notice at my old job, I'd hand them a copy of this new policy, and tell them they really ought to consider not driving employees away with Ebenezer Scrooge-like policies. If there are problem employees, address the problem with those employees. Don't proactively punish us all. Of course, as an RN, if the facility asked me to evaluate sick employees, I'd still tell them to stick it. You want someone evaluated, get a physician. I'm not getting sued for making diagnostic decisions.
Edited to add: As for legality, yeah, it probably is. Definitely is if you live in an "at will" state, like Kansas.
Jan 2, '03Occupation: Registered Nurse From: US ; Joined: Nov '99; Posts: 829; Likes: 166That LTC facility you work at is disgusting! I can't believe the NERVE of them to suggest you would bring in your own ill family member (or even yourself) to be "checked" by a nurse
What's your wager, they'd find you and/or your loved one "healthy" anyway?!!!!! I think that is a major invasion of privacy. Unless I am injured on the job, I am seeking my medical care outside of my place of employment.
I would start looking for another job, and also, as others suggested, find out if this is illegal & put some heat on this LTC facility. We are human beings, not indentured servants. That "holiday policy" is ridiculous. If I am sick, I will get a MD note if I have to, but I sure as %$@&*$ am NOT going to my work to be "checked" by a nurse who has a vested interest in my working that night!!!!!!!!!!!!!!!! That policy makes me mad. Thank goodness I work in a union facility, where that type of baloney is NOT tolerated.
Please let us know what happens. I hope that whomever dreamt up that policy gets what's coming to them!
We nurses work like dogs, and if we are sick, we deserve the same respect as any other patient, including compassion & privacy!
Jan 2, '03Joined: Oct '02; Posts: 1,079; Likes: 53This is probally legal. Without any kind of collective bargaining power UR screwed.
Clearly this is imtimidation.
Creating a hostile work environment can lead to litigation against the facility. It is expensive time consuming and difficult to prove however. Think about organizing. This would improve your work environment in many ways.
Jan 2, '03Joined: Jan '02; Posts: 477; Likes: 50Appalling! Does ANYONE think this kind of practice is humanly acceptable (as opposed to legal)?
Jan 2, '03Occupation: psych R.N. Joined: Dec '02; Posts: 44Where I work now, everyone called in over the holidays, except us travellers, they even have it set up that they get paid from day shift on the 1st to day shift on the 2nd so they won't lose OT if they're off New Year's eve. Nothing like working admissions psych with all new contract people, R.N.'s and techs and a skeleton crew at that! So it goes both ways depending where you work. Either way is too extreme IMHP.
Jan 2, '03Occupation: RN, ER Case management, precertification. Specialty: ICU-Stepdown ; Joined: Dec '02; Posts: 862; Likes: 53Bet these are also the same types of facilities that gripe about the nursing shortage
I used to work for a county as a paramedic/firefighter, and we were truly a 'dime-a-dozen', so there really wasn't any incentive to pay us well ( we were paid poorly enough that more than one of our people were on welfare-assistance -which the county tried to cover up during every election of the board of county commisioners). We suffered mandatory overtime as well. I finally burned out, and left. Btw, after 4 yrs of service, crosstrained, etc., my pay was $8.04/hr. True, the built-in overtime helped (we worked 24hrs on, 48 hrs off -unless you got tagged by the mandatory OT).
To give another idea of how my workload was, at my station, the ambulance crew typically spent a total cumulative amount of 3 and a half hours per shift (24hrs) in the station. We rarely got to sleep.
That county also had a pretty high turnover.
My POINT IS: In that job, there were far more of us, than job-slots. In nursing, the opposite is true. Facilities need to watch their step, since eventually, nurses will wise-up to the situation, and the facility will be left w/o help.
Too many jobs, too few employees.
Jan 2, '03Occupation: Part-time RN Joined: Aug '02; Posts: 519; Likes: 2I am afraid that I would be inclined also to push the point. I would call in just to get the ball rolling. Sorry folks, but I am not leaving one of my kids when they are sick to take care of complete strangers, and they cannot make me do it. They can fire me but then again, so what. If I were you I would already be looking for a job, because it is just a matter of time until the timing is bad and you do have to call in.