Is this Legal?

Nurses General Nursing

Published

Our hospital has implemented a new policy when calling in. After we notify our supervisor, we are required to call the employee health nurse with a detailed description of what is wrong with us. They are to know if we have seen a physician, what treatment they are prescribing, etc. The hospitals excuse is that they are trying to make sure we aren't infectious. I, along with many others at our hospital, are quite offended by this and personally don't think it is any of their business what TYPE of illness we have. That should be between us and our physicians.

Previously I was under the impression it was illegal for an employer to demand to know what was wrong with you. (This is in Missouri). If anyone knows if this is true or not, I would appreciate knowing. Also, knowing who to report it too would be great.

They are looking for trends. For example last weekend they had 58 call-ins and they asked people the reason so they can track a trend to see if something was spreading throughout the hospital making employees sick. :yeah:

This makes sense, but divulging personal health information should be voluntary, not required. If it was posed to me in this manner I would be happy to oblige. DIRECTING me to give all that excess information, such as type of treatment, is insulting and quite honestly an invasion of my privacy. Like I always tell my 11 year old son, its not always what you say but how you say it. Policies such as this should be written very carefully.

Up Vote Up Vote ×

I once worked at a place that I referred to as the Job from Hell. We got a new administrator who resembled and acted like what one could imagine an old battleax or super tank to be. She was one mean RN administrator. There was an obvious absenteeism problem there as the CNAs were showing everyone who was really in control. The admin put out an edict that when the charge nurse received a call in, she/he was to give the callee the home phone and pager number of the admin and instruct the callee to call the admin directly to tell her they weren't coming to work and why. She told one of the callees to come to the job to have the nurse on duty take her vital signs to prove she had a fever. Another CNA who lived about 20 miles away had her car stolen and didn't have transportation. The admin said she didn't believe her and requested the CNA bring in a copy of the police report. I wondered out loud why the admin didn't offer to pick up the CNA and bring her to work since they lived in the same general area and the admin could have easily done so. Needless to say, employees, CNAs and licensed nurses alike, continued to find jobs elsewhere and quit this place. :stone

Up Vote Up Vote ×

Not a fan of this policy. We don't have to offer any info when we call out sick. I would check with the Dept. of Labor in your state because I'm not so sure this is legal.

Up Vote Up Vote ×
Specializes in Med surg, Critical Care, LTC.

Our hospital too has this policy. Sometimes I feel comfortable with the reason I'm calling in and sometimes I don't.

Several years ago I was going through a protracted custody battle. I became very depressed and woke up one day in a panic and couldn't go to work. I called my doctor explaining what was going on, and he suggested that a week away from my stressful job (ER) might help, plus he started me on an antidepressant.

I didn't feel comfortable giving my reason, so I simply said that I wouldn't be in for a week, I had a doctors note, my reason was "due to illness".

Employee Health, without exaggeration, called me EVERY DAY to try to find out what I had. Each time I told them it was none of their business, I was entitled to my privacy just like the patients we served.

On the 5th day, Employee Health made their daily call, and I again told them "It's none of your business, I gave you my note, that is all you need to know". In exasperation she asked, "well, can you at least tell me if what you have is catchy?" I said "No'. So they didn't call me again.

Stand your ground, if you don't feel like disclosing an illness, don't. Especially with a doctors note, there is nothing they can do.

Good luck

Up Vote Up Vote ×

When we call in sick, we have to call the staffing office and the floor, so two calls (or one, but then you have to be transferred to the second person). I think there is some kind of policy that if you are off more than 3 consecutive scheduled days, you have to go to employee health before you come back.

I will not go to the doctor for anything minor, like N/V, migraine, etc, unless it lasts a very long time or is severe.

I will not give any info to my employer without a fight, either. If I'm sick, I'm sick. I'm a grown up, and I know when I should stay home. In fact, there are some times when if you go to work sick, you're more of a problem than you would have been if you had just called off. You are more likely to make mistakes, and what happens if you get a whole bunch of your coworkers sick? That policy blows my mind, and I encourage you to fight it. I bet you're not the only one who sees it as ridiculous!!!!!

Up Vote Up Vote ×
Specializes in Med-Surg, Trauma, Ortho, Neuro, Cardiac.
This makes sense, but divulging personal health information should be voluntary, not required. If it was posed to me in this manner I would be happy to oblige. DIRECTING me to give all that excess information, such as type of treatment, is insulting and quite honestly an invasion of my privacy. Like I always tell my 11 year old son, its not always what you say but how you say it. Policies such as this should be written very carefully.

I tend to agree.

Our staffer is instructed to say "May I ask the reason?" some of us boldy say "no". Others of course make up stuff. I've always been vague with saying "flu like symptoms" or "family needs". They've always been cool with that.

Like I said, it makes sense because if 10 people from the 5th floor all call in, and they politely ask why and they all say "fever and diarrhea" they might need to look into what's going on on the 5th floor.

But asking how we're treating ourselves is a bit personal. I bet the employee health nurse is already tired of it.

Up Vote Up Vote ×
Our hospital too has this policy. Sometimes I feel comfortable with the reason I'm calling in and sometimes I don't.

Several years ago I was going through a protracted custody battle. I became very depressed and woke up one day in a panic and couldn't go to work. I called my doctor explaining what was going on, and he suggested that a week away from my stressful job (ER) might help, plus he started me on an antidepressant.

I didn't feel comfortable giving my reason, so I simply said that I wouldn't be in for a week, I had a doctors note, my reason was "due to illness".

Employee Health, without exaggeration, called me EVERY DAY to try to find out what I had. Each time I told them it was none of their business, I was entitled to my privacy just like the patients we served.

On the 5th day, Employee Health made their daily call, and I again told them "It's none of your business, I gave you my note, that is all you need to know". In exasperation she asked, "well, can you at least tell me if what you have is catchy?" I said "No'. So they didn't call me again.

Stand your ground, if you don't feel like disclosing an illness, don't. Especially with a doctors note, there is nothing they can do.

Good luck

In response to the question she asked you.......what in samhill does it matter if it had been catchy?? You weren't on the job! You weren't there spreading it around. You were HOME, resting, recuperating from a condition which the doctor approved for you to have time off, which was none of their business!

Up Vote Up Vote ×

I actually had a question about this myself

is it normal for them to ask you to come in anyway if you told them you have the flu/cold and you dont want to spread it to patients?

Up Vote Up Vote ×
I actually had a question about this myself

is it normal for them to ask you to come in anyway if you told them you have the flu/cold and you dont want to spread it to patients?

Unfortunately, yes. The job I work now (scheduler in a large family medicine practice) routinely asks this. In fact, one coworker was called back and had a message left on her voicemail disapproving of the "pattern" she had calling off on Mondays. She was also told since she has no direct patient contact she needs to go ahead and come in to work. It may be a pattern, but its a pattern to be discussed in person and not via phone (especially not a voicemail) and she may not have direct patient contact, but what about all her coworkers? She got so scared she got ready and came to work. You guessed it, constant trips to the bathroom (down a 100 foot hallway) and her trash can was her constant companion. It was a very stressful and negative morning in that room! I, for one, went staight to the offending member of management and said if she is not sent home I will go home to avoid the germs. They "asked" her to take the rest of the day off at about noon. Now she's scared to ask for time off for her mother's surgery next week for fear she'll get in trouble even though this member of management has recently left the practice.

I called in sick one day last week for N/V and told our (new) supervisor my reason, she became very quiet and told me I was really needed because they anticipated a busy day. I politely told her I was not asking for permission to miss work, I was telling her I was not well enough to come to work and be productive and therefore would not be coming in. Needless to say, she was very unhappy. On Friday when we received our weekly time clock print out, she had used red pen to write "UNEXCUSED ABSENCE" on my sheet and highlighted it in yellow. I confronted her about that too, as our company does not have an excused vs unexcused absenteeism policy, we earn PTO to use at our discretion. She told me she considers all same day call offs to be unexcused regardless of policy and she would be tracking these and taking "appropriate action" if they are excessive. Very frustrating but since I'm only there for the summer, then back to my second semester of nursing school, I think I'll just grin and bear it for now.

Up Vote Up Vote ×
Unfortunately, yes. The job I work now (scheduler in a large family medicine practice) routinely asks this. In fact, one coworker was called back and had a message left on her voicemail disapproving of the "pattern" she had calling off on Mondays. She was also told since she has no direct patient contact she needs to go ahead and come in to work. It may be a pattern, but its a pattern to be discussed in person and not via phone (especially not a voicemail) and she may not have direct patient contact, but what about all her coworkers? She got so scared she got ready and came to work. You guessed it, constant trips to the bathroom (down a 100 foot hallway) and her trash can was her constant companion. It was a very stressful and negative morning in that room! I, for one, went staight to the offending member of management and said if she is not sent home I will go home to avoid the germs. They "asked" her to take the rest of the day off at about noon. Now she's scared to ask for time off for her mother's surgery next week for fear she'll get in trouble even though this member of management has recently left the practice.

I called in sick one day last week for N/V and told our (new) supervisor my reason, she became very quiet and told me I was really needed because they anticipated a busy day. I politely told her I was not asking for permission to miss work, I was telling her I was not well enough to come to work and be productive and therefore would not be coming in. Needless to say, she was very unhappy. On Friday when we received our weekly time clock print out, she had used red pen to write "UNEXCUSED ABSENCE" on my sheet and highlighted it in yellow. I confronted her about that too, as our company does not have an excused vs unexcused absenteeism policy, we earn PTO to use at our discretion. She told me she considers all same day call offs to be unexcused regardless of policy and she would be tracking these and taking "appropriate action" if they are excessive. Very frustrating but since I'm only there for the summer, then back to my second semester of nursing school, I think I'll just grin and bear it for now.

How very, very, rude of her! Maybe when she is in line to get her flu shot this year they will run out!:barf01::rotfl:

Up Vote Up Vote ×
Unfortunately, yes. The job I work now (scheduler in a large family medicine practice) routinely asks this. In fact, one coworker was called back and had a message left on her voicemail disapproving of the "pattern" she had calling off on Mondays. She was also told since she has no direct patient contact she needs to go ahead and come in to work. It may be a pattern, but its a pattern to be discussed in person and not via phone (especially not a voicemail) and she may not have direct patient contact, but what about all her coworkers? She got so scared she got ready and came to work. You guessed it, constant trips to the bathroom (down a 100 foot hallway) and her trash can was her constant companion. It was a very stressful and negative morning in that room! I, for one, went staight to the offending member of management and said if she is not sent home I will go home to avoid the germs. They "asked" her to take the rest of the day off at about noon. Now she's scared to ask for time off for her mother's surgery next week for fear she'll get in trouble even though this member of management has recently left the practice.

I called in sick one day last week for N/V and told our (new) supervisor my reason, she became very quiet and told me I was really needed because they anticipated a busy day. I politely told her I was not asking for permission to miss work, I was telling her I was not well enough to come to work and be productive and therefore would not be coming in. Needless to say, she was very unhappy. On Friday when we received our weekly time clock print out, she had used red pen to write "UNEXCUSED ABSENCE" on my sheet and highlighted it in yellow. I confronted her about that too, as our company does not have an excused vs unexcused absenteeism policy, we earn PTO to use at our discretion. She told me she considers all same day call offs to be unexcused regardless of policy and she would be tracking these and taking "appropriate action" if they are excessive. Very frustrating but since I'm only there for the summer, then back to my second semester of nursing school, I think I'll just grin and bear it for now.

I'm glad you are only there for the summer. That's no place to work long-term. Not worth the stress or the power trip this woman is clearly on.

Your co-worker should have barfed on her manager's shoes. :chuckle

Up Vote Up Vote ×
I'm glad you are only there for the summer. That's no place to work long-term. Not worth the stress or the power trip this woman is clearly on.

Your co-worker should have barfed on her manager's shoes. :chuckle

:yeah:The image of my manager with barf on her strappy Jimmy Choo sandals made me laugh out loud! Yes, she really wears designer shoes!:barf01:

Up Vote Up Vote ×
+ Add a Comment