The holidays and legal issues

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Specializes in Medicare Reimbursement; MDS/RAI.

I'm not sure where this needs to be posted so I'll let the moderators decide. I would like some feedback on a project I've done in the past without incident but the socio-political climate has changed somewhat since the last time I did this-I would like to get an overall sense of whether or not it is safe for me to do the following:

I want to thank the CNAs and floor nursing staff of the SNF I work at as an MDS Coordinator. Our facility is family-owned and the owners are our admin and asst admin. There has never been any incentive on their part to show any staff appreciation. In earlier times, I would buy some small gift bags, some dollar items like hand sanitizer, chapstick or something similar I could buy in bulk from Amazon, make some homemade treats, and get some individually wrapped candies. I would tie the bags off with ribbon and attach a card that said "Thank you so much for all you've done throughout the year to care for those who can no longer care for themselves. God bless you, and Merry Christmas from you Care Plan Coordinator".

I do this with my money and gather everything on my personal time. I just don't want anything said about the way I word the card; I truly want God to bless them and I believe in saying Merry Christmas. I also don't want to find myself in a lawsuit because someone is allergic to something I made. But these ladies and gentlemen work hard and long hours because we are persistently short-staffed; they have not had any cost of living raises in four years, and this year were not even recognized during National Nurses Week or National Nursing Home Week. Morale is in the tank, and I'm powerless to do anything other than show support, help out when i can, and do something small like this to show them I do care.

My admin doesn't have any objections, as long as I clock out before handing them out, or if I leave them in my office and allow them to come in and quickly pick them up.

I would just like some feedback from nursing to see if anyone can foresee me (or the facility) having any legal repercussions down the road.

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Specializes in critical care, ER,ICU, CVSURG, CCU.

We can't give legal advice,

but, I think you are just wonderful

and probably a bright ray of Sunshine

appreciated by your co workers.....

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Specializes in Nursing Professional Development.

This is not meant as legal advice ... but as personal advice. If you have done it before with no problem, you'll probably be fine ... but why risk it? Why invite problems? It's easy to substitute the homemade food with something else and change your wording a bit to risk offending anyone who doesn't share your religious views. So why not focus on what will please the staff most rather than on the wording that word please you the most? Isn't making them feel good what it is all about?

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Specializes in Maternal - Child Health.

I don't claim any legal knowledge, but I'm touched by your sentiment and desire to sincerely thank those with whom you work.

I never bring religion or politics into daily work, but I do give gifts to employees expressing similar messages to yours. I have never had anyone express offense, thankfully.

If someone would be offended by an act of kindness, I hope they would just leave the gift on the table, or take it and pass it along to someone else.

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Specializes in Med/Surg, Academics.

Can I just say that it is ridiculous this is even a question. (Not a cut at you, OP, but the fact that a nice gesture makes us all feel somehow legally vulnerable because of the wording of a thank you note or the ingredients of a goody bag.)

I'm atheist, and I would appreciate your gesture. If I was allergic to peanuts, let's say, I would just not eat or touch the homemade goodies. But I would still appreciate the thought.

Unfortunately, the American culture looks for reasons to be offended at someone's sincere good thoughts.

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Specializes in Complex pedi to LTC/SA & now a manager.

My son has food sensitivities and I'm a grinch the last few years. I would accept your token for what it is a token of care & appreciation. If you are concerned and the cost is the same then a $5 gift card to a local convenience store. Otherwise I pass on to others if given food I cannot have. I'd keep the card and share the rest if it were inappropriate for my needs (certain scented items affect me but that's my problem not yours) If you have not had problems in the past don't go looking for them in the future. If your employer is fine with you doing this as a personal token on your personal time you should be fine.

If you are asking this because of stories you've read elsewhere then ignore the stories and continue your tradition. Perhaps have a card with the recipe or the outer package for the candies handy should someone ask. Don't let the paranoia of society and others search to be offended affect a kind gesture I'm sure is appreciated by your coworkers.

If you are asking us because you've heard rumblings from employees you know the answer.

Not legal advice. Just an observant human.

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Specializes in Med/Surg.

The Holidays and Legal issues, this is the sadness question I've read here.

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Specializes in Medicare Reimbursement; MDS/RAI.

Thanks, guys. Appreciate the feedback. No rumblings by employees (other than to complain about the lack of appreciation shown by managment), but a cautionary tale told by a newer employee about something she experienced at another facility.

I didn't think about those with food allergies and that's a viable point; I just like to bake and wanted them to know they are worth the effort, but maybe individually wrapped goods would be best.

I guess I never thought of the wording being as "just to please me", but, again, salient point.

I try my best to not bring religion or politics into work either, but do feel sometimes there is a tad too much effort put into being "pc" and not enough into being sincere. If religion is part of your life, i would think it would be terribly false to behave as if it doesn't matter and would appreciate a sincere blessing; I guess because I live in the "Bible belt" area I overlook the fact I might be seen as offensive for saying "God bless you".

Again, all good sound advice and much appreciated. There is always a workaround when smart people collaborate. :)

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Specializes in OR, Nursing Professional Development.

What about including a list of ingredients for the home baked goods? That way, everyone is informed as to what is in them.

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Specializes in Geriatrics, Home Health.

I don't think this would cause legal problems, but the "say Merry Christmas or Else!" crowd has made this issue more complicated that it needs to be. Many people don't celebrate Christmas and don't believe in God. This could be seen as trying to throw your religious beliefs in their faces, like people and churches in my area that have started writing "Merry CHRISTmas".

My very devout Catholic mother always sent 2 sets of Holiday cards, "Merry Christmas" for people she knew celebrated Christmas, and "Happy Holidays" for people she knew didn't celebrate or wasn't sure about. Christmas is still a holiday, so "Happy Holidays" should suffice.

And definitely include an ingredients list with the food.

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Specializes in Med/Surg/.

I will say do what you do best. I am also not politically correct and am so over that. Say your Merry Christmas. If you know of any Jewish add Happy Hanukkah. As to baked good stick to chocolate chip cookies or something that limits allergies( peanuts etc). I am sure they will greatly appreciate it

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Specializes in Cath/EP lab, CCU, Cardiac stepdown.

Yup, just type up the ingredients and mass print them into little slips that you can include into the gifts so people at least know what's it in and won't eat it if they're allergic.

And honestly I'm not religious and I'm more agnostic, but I celebrate Christmas, just not with any religious meaning behind it. I just associate Christmas with fat man in red suit, presents, trees, snow, and reindeers. A very child like Christmas some would say. Personally I don't associate it with the birth of Christ or baby Jesus or anything but I wouldn't get offended when someone says merry Christmas.

If you're worried about it offending others, you could always write happy holidays or something. Or even a little note saying in this time in which my family and I celebrate Christmas, I would like to show my appreciation and wish you a happy holiday. That way it address that you celebrate Christmas and you're wishing them a neutral happy holiday.

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