Needing to vent R/T attendance policy vs chronic illnesses

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Specializes in Med/Surge, Private Duty Peds.

:o: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.

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FMLA.

Get it NOW.

Have your doc fill out the paperwork, including all your chronic and potential health problems, and file it with HR.

Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

  • for the birth and care of the newborn child of the employee;
  • for placement with the employee of a son or daughter for adoption or foster care;
  • to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
  • to take medical leave when the employee is unable to work because of a serious health condition.

Employee Rights

The FMLA provides that eligible employees of covered employers have a right to take up to 12 weeks of job-protected leave in any 12-month period for qualifying events without interference or restraint from their employers. The FMLA also gives employees the right to file a complaint with the Wage and Hour Division of the Department of Labor's Employment Standards Administration, file a private lawsuit under the Act (or cause a complaint or lawsuit to be filed), and testify or cooperate in other ways with an investigation or lawsuit without being fired or discriminated against in any other manner.

Compliance Assistance Available

The Wage and Hour Division of the Employment Standards Administration administers FMLA. More detailed information, including copies of explanatory brochures, may be obtained by contacting your local Wage and Hour Division office. In addition, the Wage and Hour Division has developed the elaws Family and Medical Leave Act Advisor, which is an online resource that answers a variety of commonly asked questions about FMLA, including employee eligibility, valid reasons for leave, notification responsibilities of employers and employees, and rights and benefits of employees. Compliance assistance information is also available from the Wage and Hour Division's Web site. For additional assistance, contact the Wage and Hour Division at 1-866-4USWAGE.

http://www.dol.gov/compliance/guide/fmla.htm

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Quite seriously, if you are not in an "at will" state I'd get a lawyer. You are being penalized because you were out for surgery and then three days in a six month period aside from that?

There's some reason they want to get rid of you and not pay unemployment. Get a lawyer. At least then if they get rid of you you'll have unemployment to pay for COBRA.

I think your facility is trying to gt rid of LPN's and not pay the unemployment price.

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BTW, the 12 workweeks of time allowed with FMLA does not have to be taken all at once. It can be used in increments of days, or even hours (as in reduced hours per day).

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Make sure you document all this stuff. You also need to document the other people, when they were off and why, and what you heard them say in bragging about it. This will help you go to HR and prove that you are not being treated equally. To do this by the book (get rid of you) they MUST treat ALL employees exactly the same or else you get to sue them. So CYA and start you documentation ASAP, putting in everything to date with names, dates, places, witnesses and keep it up every day. You might also take a tape recorder with you to work to use when you have these little meetings with NM - just set it on the desk and tell them that you want this on the record.

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OP, sorry to hear you are having such a bad time - your sick leave doesn't sound like a great deal to me, especially as you were ill.

Is FMLA something that has to be applied for before the event?

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OP, sorry to hear you are having such a bad time - your sick leave doesn't sound like a great deal to me, especially as you were ill.

Is FMLA something that has to be applied for before the event?

http://www.lawguru.com/cgi/bbs/message.php?i=261918378&view=a

I'd consult with an attorney specializing in employment law about that...at the very least, it sounds as though her employer didn't live up to their duty under the law by informing her she qualified for FMLA.

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Specializes in Med/Surge, Private Duty Peds.
fmla.

get it now.

have your doc fill out the paperwork, including all your chronic and potential health problems, and file it with hr.

covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

  • for the birth and care of the newborn child of the employee;
  • for placement with the employee of a son or daughter for adoption or foster care;
  • to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
  • to take medical leave when the employee is unable to work because of a serious health condition.

employee rights

the fmla provides that eligible employees of covered employers have a right to take up to 12 weeks of job-protected leave in any 12-month period for qualifying events without interference or restraint from their employers. the fmla also gives employees the right to file a complaint with the wage and hour division of the department of labor's employment standards administration, file a private lawsuit under the act (or cause a complaint or lawsuit to be filed), and testify or cooperate in other ways with an investigation or lawsuit without being fired or discriminated against in any other manner.

compliance assistance available

the wage and hour division of the employment standards administration administers fmla. more detailed information, including copies of explanatory brochures, may be obtained by contacting your local wage and hour division office. in addition, the wage and hour division has developed the elaws family and medical leave act advisor, which is an online resource that answers a variety of commonly asked questions about fmla, including employee eligibility, valid reasons for leave, notification responsibilities of employers and employees, and rights and benefits of employees. compliance assistance information is also available from the wage and hour division's web site. for additional assistance, contact the wage and hour division at 1-866-4uswage.

http://www.dol.gov/compliance/guide/fmla.htm

thanks so much for this website!!

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Specializes in Med/Surge, Private Duty Peds.
Make sure you document all this stuff. You also need to document the other people, when they were off and why, and what you heard them say in bragging about it. This will help you go to HR and prove that you are not being treated equally. To do this by the book (get rid of you) they MUST treat ALL employees exactly the same or else you get to sue them. So CYA and start you documentation ASAP, putting in everything to date with names, dates, places, witnesses and keep it up every day. You might also take a tape recorder with you to work to use when you have these little meetings with NM - just set it on the desk and tell them that you want this on the record.

This I have already done and am constantly doing. Thanks so much!

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thanks so much for this website!!

snooping around, it sounds like employers have a duty to inform their employees when they are eligible for fmla. obviously, you weren't informed.

most attorneys will provide a free initial consultation. look up employment attorneys in your area and ask about this... and if the hospital failed you by not informing you. find out what your rights are under this law, what you're entitled to and what your responsibilities are. then go get 'em.

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Specializes in Med/Surge, Private Duty Peds.
snooping around, it sounds like employers have a duty to inform their employees when they are eligible for fmla. obviously, you weren't informed.

most attorneys will provide a free initial consultation. look up employment attorneys in your area and ask about this... and if the hospital failed you by not informing you. find out what your rights are under this law, what you're entitled to and what your responsibilities are. then go get 'em.

thanks again and i have plenty of witnesses that know i was not informed as an employee with a serious x3 chronic illnesses about fmla.

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i would also contact seiu and ask them to start an organizing drive. i would file a complaint with eeoc.

see:

under title vii of the civil rights act of 1964, the americans with disabilities act (ada), and the age discrimination in employment act (adea), it is illegal to discriminate in any aspect of employment, including:

  • hiring and firing;
  • compensation, assignment, or classification of employees;
  • transfer, promotion, layoff, or recall;
  • job advertisements;
  • recruitment;
  • testing;
  • use of company facilities;
  • training and apprenticeship programs;
  • fringe benefits;
  • pay, retirement plans, and disability leave; or
  • other terms and conditions of employment.

discriminatory practices under these laws also include:

  • harassment on the basis of race, color, religion, sex, national origin, disability, or age;
  • retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices;
  • employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities; and
  • denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. title vii also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.

source: http://www.eeoc.gov/abouteeo/overview_practices.html accessed today.

filing a charge with the atlanta district office

if you believe you have been discriminated against by an employer, labor union or employment agency when applying for a job or while on the job because of your race, color, sex, religion, national origin, age, or disability, or believe that you have been discriminated against because of opposing a prohibited practice or participating in an equal employment opportunity matter, you may file a charge of discrimination with the u.s. equal employment opportunity commission (eeoc). all laws enforced by eeoc, (title vii of the civil rights act (title vii), americans with disabilities act (ada), and age discrimination in employment act (adea), except the equal pay act (epa), require filing a charge with eeoc before a private lawsuit may be filed in court.

to protect your legal rights, it is always best to contact eeoc promptly when discrimination is suspected. there are strict time limits within which charges must be filed. please review the information for your state, and the specific charge filing instructions for this office.

http://www.eeoc.gov/atlanta/filing.html

the atlanta office's hours of operation are from 8:30 a.m. to 4:00 p.m. monday through friday. if you have an employment discrimination question or if you wish to file a charge, please call the eeoc national contact center toll-free at 1-800-669-4000 or 1-800-669-6820 (tty). you may also write the office at sam nunn new federal building, 100 alabama street, s.w., suite 4r30, atlanta, ga 30303.

source: http://www.eeoc.gov/atlanta/charge.html

frankly, i would file an eeoc complaint. best of luck in fighting back against this knucklehead.

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