RN Disciplined While Waiting On Covid 19 Result

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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?

Specializes in OR.
4 minutes ago, cazzyprenurse said:

Not looking to argue one side or another as I am someone who gets respiratory issues frequently (and therefore the occurrence system sucks for me), but I think the main thing they’re saying is that the sick occurrence is common practice. So, you get one occurrence when you call out sick for a single cause. You only actually get disciplined if you call out sick for a certain max number of occurrences within a time frame (like 3 separate occurrences in 3 months). I think all they’re saying is an occurrence isn’t a discipline on its own. The definition is below.

“Occurrence: An occurrence of sick leave is defined as one continuous period of absence of any duration for the same reason, or a period of absenteeism related to a single cause if supported by acceptable medical documentation. An occurrence may also include unauthorized or unpaid time.”

So, the OP would just receive one occurrence for the entire duration of their time out due to the covid19 test. Most people don’t even notice that they get an occurrence when they call out sick unless they get sick a lot or have sick kids.

I don’t personally think that someone calling out due to Covid-19 should have normal sick time policies apply though. I think there should be a separate leave bank provided by the employer since covid 19 requires you to stay away from work for so long. Whereas with a cold you might only call in sick 1-2 days and then wear a mask at work. That’s just my opinion though. It’s an evolving situation and everyone is just doing what they think is right. So I think it’s best to remain calm, clarify everything in writing, and then clearly and succinctly ask for exactly what you want. Your manager is just following existing policies, so you would need to request an exception to the policy by directly asking for it.

I am sure hospitals will streamline their covid 19 sick leave policies in the next few months. Hopefully a few things will be changed.

That’s kind of my point though....occurrences are for keeping track for possible disciplinary action with a repeated pattern of behavior. If he’s being told he needs to stay home, then this shouldn’t affect him.

10 minutes ago, jollydogg_RN said:

My point still stands! If someone had time and resources, contacting a lawyer would be an absolutely OK avenue to explore. This is how change starts. You have to hit them where it hurts.

Point me in the direction of a nurse who has the time and money to fight this on their own. Again, are you willing to help her pay for an attorney? Or is that hitting you where it hurts? Every one wants someone else to take on the fight for them.

3 minutes ago, jollydogg_RN said:

That’s kind of my point though....occurrences are for keeping track for possible disciplinary action with a repeated pattern of behavior. If he’s being told he needs to stay home, then this shouldn’t affect him.

It won't because all she needs to do is take a copy of the FFCRA to HR and start an appeal. No attorney needed.

1 minute ago, jollydogg_RN said:

That’s kind of my point though....occurrences are for keeping track for possible disciplinary action with a repeated pattern of behavior. If he’s being told he needs to stay home, then this shouldn’t affect him.

OK, I suppose it’s just semantics then :).

I agree with your last sentence 1000%.

I just think it’s important to make the initial request (in writing) - it might be all they need to do to have an exception granted. It’s a new situation and it’s hard for individuals within large institutions to adjust so they’re just using the familiar policies until something new is decided on.

Specializes in OR.
1 minute ago, cazzyprenurse said:

OK, I suppose it’s just semantics then :).

I agree with your last sentence 1000%.

I just think it’s important to make the initial request (in writing) - it might be all they need to do to have an exception granted. It’s a new situation and it’s hard for individuals within large institutions to adjust so they’re just using the familiar policies until something new is decided on.

It definitely is partly semantics, but I still say it’s disciplinary in nature because occurrences are basically just used to measure the need for disciplinary action. Plus it doesn’t look good to anyone, on paper or otherwise. Why should I have negative remarks about me if I’m just following occupational healths guidelines? He also said he’s getting future weekend availability to be off reduced, so yeah that’s sort of a form of punishment.

I agree, and hopefully in a few months they will correct all this non-sense. It just seems they could utilize common sense measures in the meantime when it comes to this sort of thing.

My daughter is in the same boat just about, told them she had tummy issues when asked and was told to go home and she got tested. Told it would take 24 hours but its been 5 days. She found out she is getting paid for days missed. This is in Ontario Canada. Sounds like someone is being a B and is making things hard on you. If you were sent home I am sure none of what she told you applies. And they wonder why some staff won't let anyone know they feel ill.

Specializes in Critical Care.
5 hours ago, Wuzzie said:

Point me in the direction of a nurse who has the time and money to fight this on their own. Again, are you willing to help her pay for an attorney? Or is that hitting you where it hurts? Every one wants someone else to take on the fight for them.

EXACTLY ! Everyone wants to be badass, until they have to do badass stuff.....well guess what....I took a stand....I have the tshirt.....my facility continues to admit people from all over the country....I've been pressured and shamed by administration and colleagues, because NO ONE has the ba&&@ to stand up.....well, I do....and I did....and I'll take the hit....willingly.....knowing that I didn't take the easy way out....and I'll pray for the clients I serve, as well as my own child....that we ALL make it through this craziness unscathed.....either way my ethics and integrity remain intact....stay safe and well folks....

NJ....

Specializes in Critical Care.
6 hours ago, jollydogg_RN said:

If he is getting an occurrence, that is not sensationalism. That is a disciplinary measure in place to ensure it’s not a repeated behavior pattern.

It's the same "occurrence" that one gets for any excused absence at every place I've worked, it's not specific to missing work due to a Covid exposure.

It's certainly reasonable to debate whether an "occurrence" is a reasonable label for a sick day and whether it could be construed to be a disciplinary measure, but it doesn't appear that this was a punishment specific to a Covid exposure, it's just what happens when you can't be at work due to a health reason.

Specializes in OR.
2 minutes ago, MunoRN said:

It's the same "occurrence" that one gets for any excused absence at every place I've worked, it's not specific to missing work due to a Covid exposure.

It's certainly reasonable to debate whether an "occurrence" is a reasonable label for a sick day and whether it could be construed to be a disciplinary measure, but it doesn't appear that this was a punishment specific to a Covid exposure, it's just what happens when you can't be at work due to a health reason.

But we all know these occurrences are just tally marks for disciplinary action, so to get one of these when told to quarantine because of this virus I think is unreasonable. It’s definitely negative in nature, that along with further negative action of him losing future weekends off.

According to one lawyer:

"Refusing to work in a dangerous situation is covered by OSHA and they respond quicker than the courts and evidence of OSHA determination can be used in court."

12 hours ago, jollydogg_RN said:

@Wuzzie my reading comprehension is just fine, thank you very much. You actually just reinforced what I said. Employees may be getting some blowback for past actions of a few bad apples, but don’t sit there and think administration and upper management haven’t been reaping rewards from staff and taking advantage of them for decades. That’s just crazy talk.

This is just the beginning to shining the light in poor administration and management practices. Mark my words on that. There’s gonna be so many lawsuits and settlements from all of the fallout from this. *** has to change.

The REAL problem is not a few bad employees. That’s a drop in the bucket compared to all the crap they have pulled and how they are treating us now.

I like this a billion times. Really trillions.

6 hours ago, MunoRN said:

It's the same "occurrence" that one gets for any excused absence at every place I've worked, it's not specific to missing work due to a Covid exposure.

It's certainly reasonable to debate whether an "occurrence" is a reasonable label for a sick day and whether it could be construed to be a disciplinary measure, but it doesn't appear that this was a punishment specific to a Covid exposure, it's just what happens when you can't be at work due to a health reason.

Muno, please. Just once try to see this from a staff nurse's point of view.

To be ordered to work without proper gear, to be ordered by freaking Employee Health to stay home until cleared, and then to be threatened by your boss that you will be punished if your test result is negative, as if you have any control over what the result will be, is just every expletive that I have to delete here on the board. What is wrong with you?

Just curious - are you male or female? Line staff or boss?

I guess as a super human you are never ill are you? You never call off from any illness.

Have to go take my BP med now. Have to stop punishing myself by reading all of this rot.

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