Suspended without pay for expired TB requirement?

[lsvalliant]

My employer told me on Friday that my annual TB test was going to expire this weekend and instructed me that they would suspend me without pay on Monday if I couldn't get one done over the weekend. Problem is that I had plans to take PTO for a half day on Friday to go out of town for the weekend so it was impossible for me to comply with their request. I was really upset that the HR administrator lied to my supervisor and said she notified me a month ago via text. I have absolutely no correspondences of this until the day before it expired. So can they legally do this? How much recourse do I have if any?

[heinz57]

Yes they can suspend since it is a job requirement.

No you will not have any recourse.

It is an annual requirement which means you had a year to work a schedule to comply with this requirement.

This is your responsibility. You have RN behind your name and should know this is required. Don't blame the HR person.

[loriangel14, RN]

Do you not keep track of when your test runs out? I have to do my CPR and mask fit yearly but I have to keep track of it myself. I would imagine your employer can do this if they want.

[caliotter3]

And take note that this is another example of how reliable the text, email, electronic messaging system is. Along the line of, "I called several times and left several messages". You have to keep up with requirements on your own.

[blondy2061h, MSN, RN]

Why couldn't you get it placed on Friday before you left and read on Monday when you can back?

[joanna73, BSN, RN]

Similar to annual CPR requirements, if you have not re-certified before the required date, the employer can cancel your shifts and/or send you home.

It is our accountability to ensure that these requirements are met. If it were me, I would have cancelled my weekend plans to find somewhere that I could receive my TB.

This is not your manager or HR's role to remind you, either.

[roser13, ASN, RN]

You are (presumably) a fully functioning health care worker. You are responsible for maintaining your credentials, mandatories & required annual testing.

Sorry about your weekend plans, but you have no one to blame but yourself. And legal "recourse" actually made me laugh. No one has time to baby-sit you. If HR lied, well, that's on them. But you must hold accountability for yourself.

[Pangea Reunited, ASN, RN]

I'm horrible when it comes to renewing things, so I appreciate reminders, but I don't expect them. I was suspended once for allowing my CPR to expire, but no one told me I was suspended and I never got sent home ...I just happened to notice my name on a list of suspended employees. Oops! I even got arrested once for forgetting to update my vehicle registration and then forgetting to go to court when I got a ticket for it.

What I'm trying to say is that I sympathize, but this is your fault- alone. Sorry!

[vanilla bean]

My employer told me on Friday that my annual TB test was going to expire this weekend

The clue is in the name: "annual TB test." You had exactly 1 year's notice. Go ahead and be mad at that HR administrator if it makes you feel better, but you know it's your own responsibility to keep your requirements for employment up-to-date.

[klone, MSN, RN]

It's no longer evidence-based to require an annual TB test unless you work in a high-risk area (ED, paramedic, TB clinic,etc). Not that this helps you, but I thought it was interesting.

[roser13, ASN, RN]

It's no longer evidence-based to require an annual TB test unless you work in a high-risk area (ED, paramedic, TB clinic,etc). Not that this helps you, but I thought it was interesting.

As long as OP's facility requires......

[Neural]

They didn't send you an email a few weeks in advance?