Suspended without pay for expired TB requirement?

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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?

Specializes in Reproductive & Public Health.

Unless your facility requires that your ppd be read by a staff occ health RN, then there's no reason I can think of that you can't work a ppd into your weekend. Get it placed, bring your paperwork with you and have it read at a cvs mini clinic or something.

I am the absolute worst about remembering stuff like that (i've been ticketed for having my registration expired x 1 year. . . on two separate occasions. Expired emissions testing once or twice too). When I forget, I get annoyed that the people in charge of the issue in question did not remind me, but I still recognize that it's my responsibility. Last time I got a PPD, i was just a day or two away from the due date. Had I failed to get it done, I would not have been allowed to proceed with my student CNM rotations until I did it.

I really wish the DMV would send out reminders about your car registration though. Sigh.

And FWIW, at the hospital where I moonlight as an L&D RN, when it's time to renew mask fits or ppds, or give flu shots, occ health travels from unit to unit to get it done. If you somehow miss them, they will check your schedule and stalk you lol. It's nice because getting the mantoux planted on the floor takes 2 minutes, whereas going down to occ health takes at least 15 minutes, not to mention finding a calm-ish time to go and someone to keep an eye on your patients. We are a tiny rural hospital though; that system probably wouldn't work in a higher volume setting.

Almost entirely unrelated, but at my first job out of nursing school, the employee health nurse who planted my ppd told me to just read and sign off on it myself. Um...wut. :no:

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Specializes in Mental Health, Gerontology, Palliative.

We get the tests done when we start a new job or are exposed to TB. Dont have to get them done yearly.

That said as others have said you had a year to get it done. Even if you had plans for the weekend you should have taken a moment to get it done.

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Specializes in ER, Med-surg.

Your recourse is "get a TB test."

You get that's what they want, right? For you to go get the test? Suspension without pay over failure to meet mandatory requirements isn't a punishment, it's enforcement of the fact that those requirements are mandatory for employment- no employment till you meet them. Meet them, boom, suspension lifted.

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Would they allow you to get the blood test? It costs more but the results are available in 24 hours.

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Specializes in Urgent Care, Oncology.

And/or a chest x-ray?

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Specializes in OR, Nursing Professional Development.
. So can they legally do this?

Yes, they can legally do this. They can also legally terminate you if you don't complete the requirement by their deadline.

How much recourse do I have if any?

You don't have any recourse other than to comply with the requirement. You know this is an annual requirement; be a professional and make sure your obligations are met in a timely manner.

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It's an annual requirement meaning it will happen every year so plan ahead for it. It's your responsibility to maintain your testing and keep track of it, it is the hospitals's responsibility to monitor that you have done so.

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Specializes in EMS, ED, Trauma, CEN, CPEN, TCRN.

To those of you who have a hard time remembering things like this, I suggest using something like Google calendar to keep yourself organized. You can set it to email you reminders. Car registration, PPDs, BLS renewal, whatever. I love my Google calendar, it really keeps me on track. I have monthly reminders for everything, from giving our dog heartworm preventatives to certifying my semester enrollment with the VA for my GI Bill. I am perpetually busy, so it really does help!

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I really wish the DMV would send out reminders about your car registration though. Sigh.

Really? Mine sends them out 2 months before they are due.

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Specializes in Pedi.

Of course they can legally do this. What would make you think they couldn't? Annual TB tests are requirements of employment. It is your responsibility to keep up with them. I have never received a reminder about when mine was due.

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Your employer is not responsible for getting you to keep your TB, RN license, BLS, certifications, etc current. You are mandated to comply with requirements according to your company's policies. My TB skin test was read on Oct 19 last year, but it was given on Oct 16. My employer (traveler agency) would not schedule me to work this year unless I had a current TB skin test on Oct 16, which meant I had to get it done by Oct 14, since there is no proof of a neg skin test until it is read and the TB skin test is documented. Even if my skin test had been done by Oct 16, I would not have been scheduled for an assignment until it was read.

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Specializes in ICU.

Unfortunately as upset as you are with HR, this is your fault. Just the same as when you should know when your CPR, ACLS, nursing license expire, you should know this too. Unfortunately your plans get interrupted, but to stay in compliance you need to have it done. You don't have any recourse in this

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