Needing to vent R/T attendance policy vs chronic illnesses

[Lorie P.]

:oneed to vent and get it off my chest. to start my day off i was called into the nm's office and asked to give an overview of what was happening in my life.

just some back ground info; i have cad s/p cabg 9yr ago, pkd, htn, hypercalcemia and s/p parathyroidectomy. all within an 18 month time frame along with emergency c-section/hysterectomy bringing my one and only child into this world 16 weeks early and weighing in at 1.4 lbs. these health issues started during pregnancy when bp went to 260/150 due to flow-blown exclapmsia.

(it was after all this that i became a nurse, because i was so inspired by several nurse during this whole ordeal)

also dx with infectious ibs after salmonella last summer. another issue on it's own

i missed one day in may due to complications with ibs.

missed 4 days of work in july due to cardiac issues that ended having to have another heart cath.

aug this year missed a night of work due to a job injury on the job and given a night off.

well monday night after eating dinner, went to lay down to get a nap before going to work 11-7. after about 45 min woke up extremely nauseated, throwing up and severe ruq pain. called in sick 4 hours before cut off time.

now back to this morning, was called in to see the med-surge director who is filling in due to nm leaveing ( position not filled yet) and asked if these were legit reasons for missing work.

explained everything calmly and stated i had doc excuses for all but last night. well i was put on an action plan for not keeping my attendance up. that i have the following options;

get another schedule besides 7on/7off

go part time, which i can not do due to the whole health insurance and besides i need to work to help support my family.

or switch to a day shift ( been trying to do that for 2 yrs) but was told in the next breath that no lpn's could fill a dayshift position because that is not how "the organization" is set up.

yes, he said he was sympathetic, yet said that even though the absent days were excused due to policy, i have to be put on an action plan and no call in for 90 days no matter the problem! i wasn't being picked on , just that i am not forfilling my contract of working when i said i would and that i must improve or else other means such as supension or termination would be the results.

he would work with me and try his best but it was entirely up to me. to take a few days to think it over.

was also asked if i had checked into jobs at the surrounding rual hospital.

needless to say i am bummed, down in the dumps, pissed off and feeling totatly depressed.

i understand the policy, yet at the same time i know of several other people that have missed more days and so far nothing and even bragg about not getting into trouble.

i have to work full-time because i need the health insurance, (dh is back in school till dec 14,07.)

was denied disability 3x in the past 7 years and besides i love being a nurse and want to work, it's just that i have no control over my health issues, so what am i suppose to do?

i don't want to live off the so called system. i take 9 pills a day to keep the bp in control, the heart rate and rhythum in control , watch my diet. i am very complient with my meds, diet, etc and yet this is the payback i get.

the butt kicker of this is that last year they did the same exact same thing because i was in their hospital for 6 days with salmonella and bacterium and missed a total of 2.5 weeks from work by orders of infection control and infectious disease doc.

i am just so:o:devil:.

thanks for letting me vent and get this off my chest before dh gets home and i unload on him.

[HM2VikingRN, RN]

I forgot. There is also a phrase called "constructive discharge" which basically means that you were forced to quit your job d/t harassment or whatever. Check your unemployment insurance laws in GA to find what is considered/needed to meet the legal test in case you end up being forced to resign. I think that this is the language that is applicable. I would see an attorney for a free consultation.

See:

300-2-9-.05. Separation by Quitting. Amended.

(1) An employee who voluntarily quits is to be disqualified unless he/she can show that the employer had changed the terms and conditions of work in a manner that the employee, applying the judgment of a reasonable person, would not be expected to continue that employment. Factors which the Commissioner shall consider in making this determination may include, among others, the following :

(a) Whether the employee was downgraded for reasons other than the fault of the claimant;

(b) Whether the employee had undergone harassment on the job of a substantial nature which would induce a reasonable person to quit in order to seek other employment;

© Whether the hiring contract had otherwise been broken in a material way;

http://www.dol.state.ga.us/pdf/rules/300_2_9.pdf

[purple1953reading]

Last year, my husband broke his titia and had a rod put in. He was paid short term disablity after 2 weeks. His FMLA , however, had to be started the first day, the day he had surgery. He was released to go back to work in a boot, about 3 weeks before the last day of his FMLA. BUT when he got to work, they told him that he could NOT work in the boot, and refused to put him on light duty. ALTHOUGH Anyway , had the brace made, this was two days before christas and there was a weekend, and then he had to be back by Jan 2. SO my GP called a trauma OS surgeon at the university hosp got him an appt on 12-30-06, and HE signed off for him to go to work, on Jan 2. WHen the dept of labor called the plant they kept saying the dr. had rescinded but when she talked to us and found out they called the dr. which is illegal for them to do, she asked HR WHY and they said they had a new note, she asked that they fax it and waited and waited but they never did, so she said if they kept him from going back to work, we could sue and they would help. IN additon husb was 60 so it was senior discriination. ANYWAY plant dropped their no return (and we found out they had already prevented over 12 of the longer employed guys returning to work) and when he went back the plant manager came to him and said " Glad to see you made it back. Congratulations" The lines gave me a standing ovation as nobody that they had taken FMLA had got to come back. JUst a story to show that you may have to go farther than so far. This plant has a no abscence policy. BUT they have a built in earned bank hours, where they earn so many based on how many hours they work (about 50-60 a year) and if they need a day off they take bank hours and get no demirits or whatever, but they do not get paid for those hours, they just don't get punished. BUT if they don't use them , they can carry them forward or add to christmas bonus.

I would think that hospitals would know that people get sick, they are seen in the ER of the place they work, they use drs. that work there, and any time I was ill, I always had a doctors note. Usually, I would call somebody who was off, and try to change days, as they make it so unpleasant if you are ill. EXCEPT for those who have babies. They also do not have to guarantee you the same job, just a similar while on FMLA, and if they do decide to let you come back and you took prolonged FMLA, then they can give you what ever job. Use all the dept. at your disposal. I keep copies of my excuses from drs. and I would present them all together.

\If you don't stick up for yourself, nobody else will. Search the topics, look up your policy, look through the sites offered, and remember there are other dept to help also. Follow the rules exactly, so nobody can come back on you. Be careful. Thousands of people call in everyday. Why they pick a few to pound on is beyond me. Good luck, I know what it is to have to have the job to have family insurance.

[ktwlpn, LPN]

I am sorry for the crap you are going through.The first thing I think you should do is tell your NM you want a meeting with him and human resources to go over the applicable policies.I think your NM will find out that HE needs a refresher. Your physician will most likely qualify you for FMLA because of all of your problems and as someone has said you can take it intermittently.I work with a nurse that has worked like this for years due to fibromyalgia.She seldom can make it in a full week and every call off is covered. AND-your NM was in-appropriate in asking you if you have started looking for another job...You've got to review the policies and know your rights.You are protected....Get busy and good luck

[Lorie P.]

Thanks everyone for all the advice and encouragement!!

This place is well known for it's politics, changing rules to suit them.

After talking to hubby, who was very supportive, I feel much better and am going to war tonight. Printing off polocies and updating my notes.

AS a matter of fact I have great records and being a USN vetran, I know how to CYA!!

They maynot be perpared for what is going to happen!

[vamedic4, EMT-P]

Emanuel Goldstein has great advice. GET FMLA NOW!!!!

I have FMLA for my wife who suffers from severe migraines, and I have to call in occasionally because I've got to take her to the ER or help her otherwise deal with her headaches.

This law was written to protect people like you...USE IT!!! Just give the forms to your doctor and have them fill out the specifics.

And when you do call in, you just have to tell them you're "taking a FMLA day", or "using my FMLA"...they can't ask you why - it's none of their business, and (in my state at least) against the law. HR already knows, as does your manager, that you have it...so there's no need for you to divulge it to your charge RN or whomever else may ask.

[bethin]

Get FMLA.

I have Crohn's and one of the nursing supervisor's was kind enough to pull me aside and give me the paperwork. Up until then I did not know you could take leave intermittently. My dr fills the paper out once a year, I hand it in to HR who gives a copy to nursing services. Every time I call in and it's Crohn's related, all I have to say is crohn's and it is not counted against me. Of course, if I miss more than 12 weeks they can replace me but I haven't come close to that yet. Right now I average ~10 days missed a year. It's peace of mind for me - I know if I'm truly ill that they can't pull me into the office and fire me.

[Sabby_NC]

Bless your heart I do pray things soon are looking up for you. I admire your tenacity.

[EmmaG, RN]

BTW, you mentioned health insurance:

(a) During any FMLA leave, an employer must maintain the employee's

coverage under any group health plan (as defined in the Internal Revenue

Code of 1986 at 26 U.S.C. 5000(b)(1)) on the same conditions as coverage

would have been provided if the employee had been continuously employed

during the entire leave period. All employers covered by FMLA, including

public agencies, are subject to the Act's requirements to maintain

health coverage.

(b) The same group health plan benefits provided to an employee prior to taking FMLA leave must be maintained during the FMLA leave. For example, if family member coverage is provided to an employee, family member coverage must be maintained during the FMLA leave. Similarly, benefit coverage during FMLA leave for medical care, surgical care, hospital care, dental care, eye care, mental health counseling, substance abuse treatment, etc., must be maintained during leave if provided in an employer's group health plan, including a supplement to a group health plan, whether or not provided through a flexible spending account or other component of a cafeteria plan.

© If an employer provides a new health plan or benefits or changes health benefits or plans while an employee is on FMLA leave, the employee is entitled to the new or changed plan/benefits to the same

extent as if the employee were not on leave.

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.209.htm

[SuesquatchRN, BSN, RN]

Go, Goldstein!

Kick some HR butt, Nurse Hobbit~!

[Dolce, RN]

to start my day off i was called into the nm's office and asked to give an overview of what was happening in my life.

i may be wrong, but i don't think that it is management's business to know what is happening in your personal life. you have been given some very good advice on this forum. knowing your rights is just as important as defending them. don't let administration railroad you!

[purple1953reading]

Although it is correct , that your employer must still provide you with your benefits like health and life ins. it is also true that you have to pay for them. WE had to send a check every week for our part, that was normally taken out of the check before we get it. IF you use it intermittently, I wonder how that works, or if they don't bother to collect. I know we also had to pay for three weeks, before H. collected his shortterm disability payments. and even then we did not receive the payments until he had been off for 7 weeks, and the first was for weeks 4-7. SO you have to be prepared to pay for a few things to keep them up. We we told that they can CHOOSE to keep you on should you exceed twelve weeks, but don't have to do so. Also, be very careful not to use more than the twelve weeks, as then he had to wait a year to use them again. So, I don't see how that works if used intermittently. Perhaps it is different in each state. The FMLA rights should be posted in a common area, maybe by the tmeclock, or lockers, etc. Get the number and call if you have questions .

[Lorie P.]

:yelclap::yelclap::yelclap: to everyone for all the great advice and wisdom!!

as for how many days i usually miss in a 12 month period is about 6-8. this time it was for 4 days with doc's note after having a cardiac stress test that showed my throwing pvc' and couplettes. cardaic doc said no way to working till i get the final results of the test.

now an update; was checking the attendance policy and it was updated in june,07 saying that quote" consistent, fair guidelines will be followed for approval and use of acrued benefit hours for an unanticipated absence during scheduled work hours not covered by fmla, loa or compassionate leave guidelines."

then it goes on to say the following; " this attendance policy is used as a guide by the patient care services management team. management reserves the right to treat each employee on an indiviual basis, and deviation from the policy may occur if management or administration deems necessary."

also you guys are right, i never knew about fmla for chronic illnesses till this crap started. by the way on my employement application it is listed that i have cad, essintial htn, s/p cabg and pkd. so they can not say they didn't know this when i was hired.

also every year at our employee anual physicals, i update any rx's and change that has occurred.

by the way speaking of fmla, i dropped a set off to each of the following;

dd's ped's doc, she has asthma with bpd

cardialogist

nepherologist

gastro doc

primary doc.

the first 3 i see every 6 months for follow ups.

so now, if needed i will say when i have to call in, sick child, fmla, or one of the other options.

please don't think i use these illnesses as a crutch, it is not in my nature or strong work ethics.

again :lol2::yeah::yeah::nurse:hobbit

off to sleep!