RN Disciplined While Waiting On Covid 19 Result

Nurses COVID

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I am an RN working full time in the ED. Every shift I am subjected to below par PPE standards. Asked to re-use N95 and surgical masks for multiple patients, covid or not. So it was not to my surprise when I got a call informing me a patient I had provided care for later had a positive covid 19 test. I was informed to contact our employee health if I developed symptoms. A few days later I had a cough, sore throat, HA, fatigue and sneezing. I contacted my employee health as instructed, a test was ordered, I was instructed to remain at home til I received my results. Unfortunately I am still waiting......

My issue with the situation is that my employer has already let me know the repercussions of a negative test, should that be my result.

I will receive an occurrence for missing my shift while awaiting test results. (The quantine was orderd by employee health)

I will have to use my accrued PTO to cover any hours missed while in quantine awaiting my test results.

I will also have the weekend shifts I miss counted against me while in quantine awaiting results. Meaning I can have less weekend shifts off for the remainder of the year.

As an employee I have always helped when it comes to providing for our adopted Christmas family or the food drives. As an ED nurse I am in the frontline of this pandemic, caring for those in need, risking my own health for lack of PPE. This has been extremely difficult for me to understand how the hospital I work for can treat me this way as I await my results.

The community has been amazing and supportive of our ED staff. They have given snacks, meals, encouragement and thanks this entire time. However, the hospital I work for can't do the same. It is shameful to work for such an organization.

Is this OK? Is this fair?

While what the hospital is doing is morally reprehensible I doubt it’s illegal and further doubt that any labor board would even concern themselves with what amounts to be a benefits issue that they have no control over. The only organization that can step in in a situation like this is a union.

I frequently hear “get a lawyer” on this site, almost always for things that can’t be litigated, and it makes me wonder where are the nursing jobs that would allow me to actually afford one for a lawsuit? The elder law attorney I hired to manage my parents finances just charged me $375 for 20 minutes of scanning 5 sheets of paper to determine if they can afford an ALF.

3 Votes

I am so sorry about your situation. Get your employment lawyer now. It takes a few weeks to find one who will do more than take your money.

Yes I have sued my employer before, over a safety and staffing issue, and was able to countersue for slander and defamation of character. If you are encouraging others to speak up at your facility, and taking safety concerns forward, then you are a labor organizer, just make sure you get noticed if you do this. The labor board called me at the time, and offered their legal support when I sued. I am in Texas, not known for any labor support. I actually got fired for calling OSHA and the state health board... who came in with cameras. Definitely a primo move.... but it seems that OSHA may be politicized since they do not appear to stand firm on issues these days

Annie RN of 40 years, specialty certification x 2, Masters prepared.... endangered species and still working.

3 Votes

Annie, serious question. What exactly is she going to sue for? Your situation was entirely different. She is not being denied benefits. Her facility is determining how to apply benefits that they legally do not have to provide...hence the word “benefits”. They aren’t doing anything illegal. That doesn’t mean what they are doing is right but it’s not illegal.

1 Votes

you are correct.... at this point nothing.... I generally keep a lawyer on retainer, because once you go down the occurence report menu, things come up that are often not resolvable... and often lead to damage ....but that is a backstory. If the occurence does not meet regional standards, then you have a point for a grievance, and then you might chat up the safety officer and standards officer to see what the big picture is.

I just keep an attorney around, because when you need one, the filing time is too short to get a good counsellor for yourself.

Specializes in Pediatrics.

If a nurse catches an illness from work, or is in quarantine due to possibly catching an illness from work, it should be covered by Workmans Compensation. You should not have to use your own leave or sick time to pay for a condition caused by work. Hospitals have gotten away with that historically. Even during he AIDS crisis, when they fought against compensating people who contracted AIDS.How many times have we caught the flu at work with no way to prove it? However, since the hospital have not provided adequate PPE, then the hospital is on the hook for any time off due to Covid-19 due to lack of workplace safety. Nurses are in a strong position for this. Just keep a tally of every situation in which you or a patient was endangered to form a basis for any potential legal action in the future.

8 Votes

That’s often true but in this case the “occurrence” is simply a call-off which, for a good employee, doesn’t usually trigger the kind of retaliation you are speaking of. I’m betting it won’t even be a blip on the radar for her manager but it sure is a kick in the gut for the OP.

@lokelaniRn how does one prove they caught COVID-19 at work when it’s spreading rapidly through the community?

19 hours ago, INDY RN said:

I am an RN working full time in the ED. Every shift I am subjected to below par PPE standards. Asked to re-use N95 and surgical masks for multiple patients, covid or not. So it was not to my surprise when I got a call informing me a patient I had provided care for later had a positive covid 19 test. I was informed to contact our employee health if I developed symptoms. A few days later I had a cough, sore throat, HA, fatigue and sneezing. I contacted my employee health as instructed, a test was ordered, I was instructed to remain at home til I received my results. Unfortunately I am still waiting......

My issue with the situation is that my employer has already let me know the repercussions of a negative test, should that be my result.

I will receive an occurrence for missing my shift while awaiting test results. (The quantine was orderd by employee health)

I will have to use my accrued PTO to cover any hours missed while in quantine awaiting my test results.

I will also have the weekend shifts I miss counted against me while in quantine awaiting results. Meaning I can have less weekend shifts off for the remainder of the year.

As an employee I have always helped when it comes to providing for our adopted Christmas family or the food drives. As an ED nurse I am in the frontline of this pandemic, caring for those in need, risking my own health for lack of PPE. This has been extremely difficult for me to understand how the hospital I work for can treat me this way as I await my results.

The community has been amazing and supportive of our ED staff. They have given snacks, meals, encouragement and thanks this entire time. However, the hospital I work for can't do the same. It is shameful to work for such an organization.

Is this OK? Is this fair?

It’s far from fair, it’s nuts. Surely there’s some type of form you can fill out to document all this and your disagreement with it.

Maybe nurses need to come up with something like this, forms, legal documents, and Importantly advocates/lawyers on standby to call right away for advice. That possible?


Since employers are making random impulsive decisions as this goes on it would be great if nurses had someone to call immediately for advice (rather than only ask in forums) since their response/actions can be held against them, and it’s obvious many of us don’t know our rights through all of this.

DeaneB what you’re asking for already exists. It’s called a union.

2 Votes

Unions for nurses are certainly not everywhere. I know nurses who got in serious hot water fro trying to bring a union to south La years ago.

But that’s not exactly what I had in mind.

1 Votes

So my result is NEGATIVE. I will have the occurrence and will use my PTO to cover my absence. Lucky for me it has only been 1 shift missed. I will contact HR and ask if during this time they are willing to look into the attendance policy in regard to this "fluid" situation. They have asked us to adapt as nurses. So I will ask in return they do the same. As ER staff, we are the hands and feet of the hospital during this world wide crisis. I like to hope if I present my situation in a non-threatning manner they will respond appropriately. I appreciate everyones support in this stressful situation.

18 Votes

@DeaneB246 It may not be what you had in mind but it’s the only way to fight things like this because there’s power in numbers. My facility is union and they are fighting (and winning) things for us that include benefits and safety measures. I am extremely fortunate to work there.

@INDY RN that is awesome! And I think your plan to appeal the occurrence is a good one.

4 Votes

Oh I agree wholeheartedly, and am glad y’all have that in place.
I meant something now, more immediate, a place nurses can turn to for help with all the unusual topics and questions we are asking right here right now that we, or maybe no one, really knows the answers to in these uncertain times.

I meant for support and advice in the moment while it’s happening. For example the video circulating of the nurse that walked off the job and her specific situation involving her health, forced to work a Covid + floor, etc.
Access to an advocate perhaps could’ve helped.
Lord knows I’ve been lied to by employers only to find out later they violated my rights. Had I known that day it would’ve made a huge difference.

Just sharing thoughts on how we might help each other!

3 Votes
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