This is an issue that is new to us. We normally staff with just two nurses, so no one is ever told to stay home or on call because of low census.
In the past few months, days that statistically are busier than other days have been staffed with three nurses. This is great when we are actually busy, but often we are not.
Management announced that on shifts where there are three nurses, one nurse will be told to stay home because of low census. They will not be on call. The person who will be told to stay home will be determined by "the needs and situation of the individual employee." I asked what this means and was told that nurses with another source of income will be put on low census first. There are two nurses on my shift that don't have another full-time or part-time job. I am one of them. It was explained to me that since I am married and my husband has a good job, that I will be the first to be called off. The other nurse who doesn't have another job was told the same thing.
Really? Because I only have one job, it is assumed that I can take the missing hours easier than someone else?
Every other place I have worked that did low census made everyone take turns. I sort of feel like I am expected to follow different rules because I am married and don't have two jobs.
I'd bet my bottom dollar that a valid method for deciding whether someone works is NOT what someone ELSE's income is.....married or not. Do they balance your checkbooks, too, to see if someone is more flush that week and therefore more easily called off? Absurd.
How does one assume what anyone's expenses or family obligations are? What if your husband keeps his paycheck separate from yours?
I wonder what kind of management thinks this IS legal and reasonable? Not one I'd be working for, I assure you.
PRNs and Part timers are on the list too. And volunteering does not change one's spot on the rotation. If I volunteer one day, but it's my turn to get cancelled the next day, I'd still get cancelled. I think it's pretty fair. We've had such low census the past few months that everyone pretty much knows their place in the rotation and can predict when they're getting cancelled.
The order PRN, part time then full time. The full time goes in a rotation by who was called of when and it is written in a book.
Another place I worked would take volunteers ex if there are 5 nurses scheduled and the census has been, you could write your name down to be called off first.
What you have described is a load of crap and unfair.
Talk to management and if that doesn't work go to the EEOC. They cannot do that based on my experience as a EEOC paralegal that would be covered under discrimination as it is based on your "marital status" which is essentially nine of their business.
OP, why don't you check with the National Labor Relations Board? While I can't give you legal advice, the situation you described doesn't sound like something that would be allowed under law. I could be wrong, but I'd check if I were you.
Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
We cannot give legal advice. But I would check with the EEOC. They can set what ever policy they like as long as it is FAIR AND EQUITABLE to all employees. I know the EEOC has issues with this pre-employment however to use this as a guage to decrease work hours might be an issue as well.
Call the EEOC it is free.
Questions about marital status and number and ages of children are frequently used to discriminate against women and may violate Title VII if used to deny or limit employment opportunities.
It is clearly discriminatory to ask such questions only of women and not men (or vice-versa). Even if asked of both men and women, such questions may be seen as evidence of intent to discriminate against, for example, women with children.
Generally, employers should not use non job-related questions involving marital status, number and/or ages of children or dependents, or names of spouses or children of the applicant. Such inquiries may be asked after an employment offer has been made and accepted if needed for insurance or other legitimate business purposes.
The following pre-employment inquiries may be regarded as evidence of intent to discriminate when asked in the pre-employment context:
Whether applicant is pregnant.
Marital status of applicant or whether applicant plans to marry.
Number and age of children or future child bearing plans.
That's one of the stupidest things I've ever heard.
My current unit, it goes in reverse order of who was last...so if you are called off, you drop to the bottom. You can volunteer to be off or on call, and if nobody has it goes by seniority.
The last place I worked had an order of call-off: 1) agency staff, 2) FT RNs who had picked up extra and would be in OT, 3) per diem, and 4) FT staff not in OT.
We go by turns. It usually works, but recently some nurses are only working ONE DAY A WEEK, being on call for two. There are so many variables that have to be considered in staffing where I work.
That's when people start getting mean, and the "every man for themself" thinking kicks in. I've heard the mumblings about, "I have more kids", or "MY husband's laid off". So far sanity has prevailed, but I can see how desperate nurses try to manipulate the rules in their favor.
Nurse SMS, MSN, RN
6,843 Posts
Someone either in OT or scheduled for OT goes home first at my facility.