Hey all - I'm looking for input on the following situation:
a co-worker has been granted a religious accommodation to never work a Saturday (hospital ICU, where everyone is scheduled every other weekend). She does not have to work every Sunday, and they have not filled the hole her not working as created. As you can imagine, our Saturdays are horrible. I have gone to our union - NYSNA - but they are not willing to do anything.
She is also scheduled 8 hours less every two weeks than the rest of us, yet still maintains full-time benefits even though she is actually working what is considered part-time.
I'm becoming extremely resentful......am I valid feeling this way, or should I just mind my own business?
As religious nurse I also could not work Saturdays. However I ended up working every Sunday of the month.Even though I did my weekends they're still were some nurses who did resent the fact that I do not do any Saturdays even though I did my share of weekends. I understand the op frustration but as long as that nurse was open in her interview period.She should just let it go and speak to the management about the staffing issues w/o bringing up this nurse.
When I went to crna school this issue came up again when I had to take call on weekends. While the PD did not make any special accommodation I was able to switch my Saturdays and Friday night's calls with some of my understanding classmates. But let me tell you when that call schedule came out I literally would break out in a cold sweat and would not calm down until I was able to switch my call.
I think it is important to note that if an orthodox Jew was driving his car and sundown came he would lock his car and walk to where ever they had to go, Orthodox Jews are that committed to keeping the Sabbath.
I acknowledge that this can be a stressful situation for everyone involved.But if there honest open communication these issues really can be resolved to (almost) everyone satisfaction.
Yes, the Jewish Shabbot (Sabbath) runs from a few minutes prior to sunset on Friday to a few minutes prior to sunset on Saturday. However, your co-worker could be a Seventh Day Adventist. Their Sabbath is Saturday. Their churches are open on Saturdays for their worship. Many years ago, the Supreme Court heard a case in reference to a woman who had been fired because she would not work on Saturday. The lower courts upheld the firing so the Court heard the case. The Court overturned the lower court and ruled in favor of the woman's right not to work on Saturday, her Sabbath, based on the Free Exercise Clause of the First Amendment. Many people fail to realize that the religious part of the First Amendment is in two clauses.
First, "Congress shall make no law respecting the establishment of a religion..." This is the one used to keep schools from praying over the loudspeaker during graduation. Reasoning by the court is and I paraphorifice, "by the school, a government entity, providing the means to distribute a prayer they are therefore endorsing the prayer and making that religion (say Christianity) official.
The second clause is..."nor preventing the free exercise thereof." Your coworker is exercising her free exercise of religion. I realize that this is probably TMI, but I study the First Amendment and the cases.
Specializes in OR, Nursing Professional Development.
Yes, the Jewish Shabbot (Sabbath) runs from a few minutes prior to sunset on Friday to a few minutes prior to sunset on Saturday. However, your co-worker could be a Seventh Day Adventist. Their Sabbath is Saturday. Their churches are open on Saturdays for their worship. Many years ago, the Supreme Court heard a case in reference to a woman who had been fired because she would not work on Saturday. The lower courts upheld the firing so the Court heard the case. The Court overturned the lower court and ruled in favor of the woman's right not to work on Saturday, her Sabbath, based on the Free Exercise Clause of the First Amendment. Many people fail to realize that the religious part of the First Amendment is in two clauses.
First, "Congress shall make no law respecting the establishment of a religion..." This is the one used to keep schools from praying over the loudspeaker during graduation. Reasoning by the court is and I paraphorifice, "by the school, a government entity, providing the means to distribute a prayer they are therefore endorsing the prayer and making that religion (say Christianity) official.
The second clause is..."nor preventing the free exercise thereof." Your coworker is exercising her free exercise of religion. I realize that this is probably TMI, but I study the First Amendment and the cases.
I am a retired LVN from Texas.
But those amendments relate to the government interfering with those rights. There is no such requirement of non-governmental facilities/agencies/workplaces having to follow through with that.
My friend works for a unionized grocery chain in the DC area. There are lots of 7th Day Adventists. They are allowed to be off on Saturdays but they do work more Sundays than other employees. Your managers and union can work it out to make patient care safer. They should have done that ahead of timepriorto amking the accomodation.
Specializes in Emergency Dept. Trauma. Pediatrics.
I thought somewhere in this thread the OP said the nurse in question did offer to work more Sundays but that management said she didn't need to because they were already staffed. I could be confusing threads but I thought she came back and stated that in one of the updates.
I am a Sabbath keeper, but I don't have a problem working in healthcare on the Sabbath because Jesus healed on the Sabbath. I do give that money I make on Saturday to my church, though.
The problem isn't the coworker, because it isn't as if she calls in every Saturday. Management made the deal, and management is responsible for filling the holes. I know a girl who only works Tuesday and Thursday in a facility that requires weekends... Management agreed to it because otherwise she wouldn't work there, and they need staff.
Specializes in Neuro/NSGY, critical care, med/stroke/tele.
Hi all,
Religious/observant Jew here. Couple of things (I apologize, I only made it through the first half of the pages so far but wanted to jump in.
- I worked acute care. After orientation/precepting, I spoke with my manager and switched to regular Sundays (instead of the usual all-weekend-every-other-weekend). There was another nurse who did regular Saturdays, so it worked out well for the unit.
- yes, in observant Judaism, *creative work* is the issue on Shabbat. Electronics are an issue due to completing circuits; other issues include starting a fire (therefore no driving/turning a key in an ignition). there are unlimited nuances within this. but this is where the no cooking, not using the elevator etc. come from.
- YES, the concept of saving a life ABSOLUTELY trumps everything - even the laws of Shabbat. The concept is called "pikuach nefesh". So there are definitely ways to make it work... but there may need to be some tweaks to how you do things (an example, when I get into the med room, I kind of... lean against the wall with my badge conveniently close to the reader, instead of directly picking up my badge and tapping in. In a true emergency, it all goes out the window and you do whatever you need to do.
- I have worked on Shabbat and holy days after many conversations around how best to deal with 1) getting to the hospital in the first place (lol - since it's not walkable and driving is an issue, as is public transport) and 2) things that are issues when i am there -- using electronics, writing...
(Also, the inside/outside thing referred to by a PP is called an Eruv; it basically turns a public space into what is considered a private domain to allow for carrying things within it on shabbat!)
As religious nurse I also could not work Saturdays. However I ended up working every Sunday of the month.Even though I did my weekends they're still were some nurses who did resent the fact that I do not do any Saturdays even though I did my share of weekends. I understand the op frustration but as long as that nurse was open in her interview period.She should just let it go and speak to the management about the staffing issues w/o bringing up this nurse.
When I went to crna school this issue came up again when I had to take call on weekends. While the PD did not make any special accommodation I was able to switch my Saturdays and Friday night's calls with some of my understanding classmates. But let me tell you when that call schedule came out I literally would break out in a cold sweat and would not calm down until I was able to switch my call.
I think it is important to note that if an orthodox Jew was driving his car and sundown came he would lock his car and walk to where ever they had to go, Orthodox Jews are that committed to keeping the Sabbath.
I acknowledge that this can be a stressful situation for everyone involved.But if there honest open communication these issues really can be resolved to (almost) everyone satisfaction.
The problem with that is that there isn't any religion or religious sub-group that adheres to a Sabbath which doesn't also believe that caring for the sick is allowed activity on the Sabbath, so choosing not work as a direct care nurse on the Sabbath is a personal choice, not one dictated by their religion. There are certainly some restrictions, for instance an orthodox jew physician is allowed to care for patients on the Sabbath, but cannot drive there for regularly scheduled work, but can if they are on call since not driving could result in harm to someone, which means it is allowed under orthodox laws.
While it's true that the employee was able to "negotiate" to have a weekend day off every week, they did so using unethical means, and as a result it shouldn't be surprising that they are viewed negatively by their coworkers.
Specializes in Neuro/NSGY, critical care, med/stroke/tele.
While it's true that the employee was able to "negotiate" to have a weekend day off every week, they did so using unethical means, and as a result it shouldn't be surprising that they are viewed negatively by their coworkers.
How on earth do we know what "means" they used when having that conversation with management or HR?! What grounds are there for saying it was unethical?! Making their availability clear and having that agreed to does not imply they did something wrong.
How on earth do we know what "means" they used when having that conversation with management or HR?! What grounds are there for saying it was unethical?! Making their availability clear and having that agreed to does not imply they did something wrong.
According to the OP told them they have Saturdays off as a religious requirement, when so such requirement actually exists. Employers generally look for the path of least resistance, so even they could successfully challenge this accommodation claim, they typically won't just to avoid the hassle and expense. It could be argued that this is a just a case of 'the early bird gets the worm', or in this case, 'the nurse who falsely claims a religious exemption gets Saturdays off', but the problem is that there are many nurses who would do this because this would be unethical, and it's reasonable to criticize a situation that gives an advantage to unethical actions.
Specializes in Neuro/NSGY, critical care, med/stroke/tele.
According to the OP told them they have Saturdays off as a religious requirement, when so such requirement actually exists.
But the thing is, it does. Depending on your community, your rabbinical figure's ruling and how comfortable you personally are with more liberal interpretations of halacha, it absolutely could be a requirement. There are huge variations and nuances in religious practice here, within the orthodox community.
What would be unethical would be NOT being up front about not working on shabbos and calling out every week. Nobody made management/HR make her a job offer that worked with her schedule. The risk of transparency is they'll say thanks anyway, we need someone who can truly work any shift.
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RicRock, MSN, CRNA
75 Posts
Times 1 million.
Religion has nothing to do with it.
She negotiated a set day off every week. Good for her. She has the right to do so. So do you.
Short staffing is a management problem. If they won't fix it. Give notice.