Is this legal? What are your thoughts?

coffeecup, LPN · Sep 4, 2019

14 minutes ago, Rionoir said:
When did companies start giving holiday/sick time/etc in addition to PTO? I remember when PTO first became a thing the whole point was to combine all those things into one so it was less confusing - now it sounds like some places are just taking PTO and adding things to it to make it more confusing than ever. ?

We have PTO, in addition to sick time, etc. In order to use sick time, however, we have to blow through all of our PTO first. It kind of sucks, but at the same time, there's no limit to how much PTO you can accrue. But I think they like to make things confusing on purpose lol.

coffeecup, LPN · Sep 4, 2019

11 minutes ago, DextersDisciple said:
It’s not illegal and it’s most likely in your facilities policy. My friend was really sick on Thursday but made sure she came in Friday or else she would have not gotten paid for the holiday. We also Work mon-fri with paid 8 hr holidays off.

Okay, this makes sense. I've never called off the day before or after a holiday, so I wasn't sure how it worked. When I was told this, I was just like, Do other facilities have this policy too? I've always been one to question things like this, especially when it comes to a paycheck? Like I said, just curious.

Kooky Korky, BSN, RN · Sep 4, 2019

4 hours ago, Rionoir said:
Are you sure that person isn't being paid for the call-off? They can absolutely make the person use PTO for a call off, but that would usually entail them also getting paid for the sick time, which is part of PTO. My first reaction to your question is that the person telling you the story either doesn't understand the situation or that they are just being drama. So unless you actually saw the paycheck in question (or it's your paycheck), I'd take it with a grain of salt. If they actually are taking PTO and not paying people for it, I'd quit yesterday.

No. you would report this matter to the Dept. of Labor or your state Attorney General or someone in authority who would make sure the employer is doing things legally.

Would you really just quit and not try to get your pay?

Kooky Korky, BSN, RN · Sep 4, 2019

3 hours ago, klone said:
No, facilities are not required by law to provide a break room, fridge, microwave. Only time for breaks.

This might differ from state to state, perhaps locale to locale. Ask some lawyers in your state, coffeecup.

coffeecup, LPN · Sep 4, 2019

38 minutes ago, Kooky Korky said:
No. you would report this matter to the Dept. of Labor or your state Attorney General or someone in authority who would make sure the employer is doing things legally.
Would you really just quit and not try to get your pay?

Makes sense as well. It's probably not a bad idea to look into it. It sounds like it could be a normal policy for some places, but I'd rather be 100% certain for my own sake than take everything management says as accurate.

coffeecup, LPN · Sep 4, 2019

53 minutes ago, Kooky Korky said:
This might differ from state to state, perhaps locale to locale. Ask some lawyers in your state, coffeecup.

True. A lot of coworkers have been questioning this. I feel like they should at least provide a break room to put purses, coats, lunches, etc. Someone even attempted to contact HR about it, spoke with someone briefly, and then was supposed to have a follow up regarding it, but never heard back and no one will return her calls. And we found out via the other office's management, then not even week later, we receive an email stating we no longer have a break room. Just seemed shady to us, and it should've been dealt with differently?

allnurses Guide · Sep 4, 2019

9 hours ago, Rionoir said:
When did companies start giving holiday/sick time/etc in addition to PTO? I remember when PTO first became a thing the whole point was to combine all those things into one so it was less confusing - now it sounds like some places are just taking PTO and adding things to it to make it more confusing than ever. ?

My employer just split them apart again. Based on employee feedback of wanting it that way. ?

rn1965, ADN · Sep 4, 2019

14 hours ago, coffeecup said:
So, I work in a facility where two things have recently happened. I know policies differ from place to place and state to state, but I'm curious what you guys think.
2. We were recently told that our break room will now be turned into an exam room for the adjoining office (completely different facility). Is this legal? Is an employer legally required to provide a break room/fridge/microwave?
What are your thoughts?

Where are they wanting you to take breaks/lunch? I would not think eating at your desk/reception would be very professional....

I did find this tidbit of info in a google search:

Q: We are planning some facility renovations, including our employee break room. Are there any laws mandating size, equipment/appliances, or even if a dedicated space must be provided for employee breaks?

A: Other than regulatory standards under building codes and OSHA standards regarding emergency egress, signage, etc., there are no legal or regulatory requirements that such a space be provided, or regarding size, configuration, or furnishings.

I wish you luck!

DextersDisciple, BSN, RN · Sep 4, 2019

21 hours ago, coffeecup said:
Okay, this makes sense. I've never called off the day before or after a holiday, so I wasn't sure how it worked. When I was told this, I was just like, Do other facilities have this policy too? I've always been one to question things like this, especially when it comes to a paycheck? Like I said, just curious.

I forgot about the rule until a coworker mentioned it a while back. Really helpful to know for future holidays!

T-Bird78 · Sep 6, 2019

Anywhere I’ve ever worked had a policy that if you call out the day before or the day after a holiday you do NOT get paid for that holiday because it’s assumed you just wanted to extend your time off. I even had a doctor’s note and was highly contagious and I lost my holiday pay. As far as required break room, it varies state to state but I’ve worked in a doctor’s office that was part of a large and well-respected hospital system and the “break room” for our practice was a fridge and microwave tucked into a cubby in the hall. We had to go downstairs to the hospital cafeteria to sit down and eat. And my state does not even require your employer to give meal breaks. It’s kinda crappy that you’re losing your break room for another practice though! Where I’m at now, everything comes out of PTO; vacation, sick, and even holidays.

bitter_betsy, BSN · Sep 6, 2019

Where I've worked we always have "take a day, get a day" - meaning if you call in to get a day off before the holiday, then you get your day off, your holiday off and another day off (or maybe even a whole week off) - all without pay. Now if you were sick and brought in a doctors note, then "take a day, get a day" didn't happen. The thought process was that you were scheduled but now someone else has to come in and they most likely have to pay them at least time and a half for OT plus double time if on the holiday - all because you wanted an extra day off and didn't request it properly.

I never asked if it was legal - I just showed up for my shifts and went in and got paid extra when others called out.

jag nurse, RN · Sep 7, 2019

On 9/3/2019 at 7:48 PM, Rionoir said:
When did companies start giving holiday/sick time/etc in addition to PTO? I remember when PTO first became a thing the whole point was to combine all those things into one so it was less confusing - now it sounds like some places are just taking PTO and adding things to it to make it more confusing than ever. ?

Several years ago, the early 2000's, everything was split, and we liked it. If we were sick, we used our sick time and didn't have to dig into our PTO. But, that facility decided to lump everything together. It turned out worse for the employees. Where I currently worked, we do have a separate EIB (sick pay), but it accrues more slowly than PTO, and the first shift's sick pay is taken out of your PTO.