Unfair Policies

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I am employed as a CNA at a Nationwide Nursing Home. This nursing home has an attendance policy that states that employees may only call off sick once in a thirty day period. If one calls off more thn once in a thirty day period they are disciplined with write ups. After 2 write ups they are terminated.

Recently we have had an outbreak in my area of Flue. I had to call off work twice this month. The first call off was for a back injury I sustained at work that was covered by Workmans Comp. The other is from the Flue I contracted from the residents I am caring for. I was disciplined with a final warning. Meaning if i call off again anytime soon I am terminated. When I asked if a Doctors excuse would be acceptable to excuse my absence the HR director told me that they would not accept doctors excuses for any absences from anyone. I now live in fear of becoming ill and losing my job. I am also concerned for my residents, as alot of employees have been coming to work very ill for fear of losing their jobs. This puts the residents health in jeopardy.

Do we have any rights at all concerning this matter?

I also was written up for not reporting my back injury within 24 hours of the incident. How could I? It took 3 days to show up.

Please help me. I love my work and my residents. I do not want to quit. But this employer is making it feel like slave labor

An incident report was filled out at the time of the incident (one of my residents fainted and I was holding him up until someone came in the room to help me). I did not have pain until 3 days later. The doctor at the clinic the company sends us to agreed that my type of injury sometimes does not show up for days and notified my employer of such.

I understand that they may be able to set their own sick policy but I wonder what the health department would say about them allowing employees with infections working arround elderly people with low immune systems. I wonder what OSHA would say? Osha states we have a right to work in a safe and healthy (emphasis healthy) environment.

What about our constitunional rights to live without fear? The fear of losing our financial security if we lose our jobs? I forgot to mention that I work 65 hours a week to help keep this home staffed.

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OH, wow, that sounds really bad. Unfortunately, I don't have any advice to offer on this one. Just wanted to send you my best wishes. However, it does seem unfair that a work-related injury would count against you.

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My first question would be, what state do you work in...........also, remember, a lot of employers will act like they can just go ahead and do something and count on you not knowing labor law to correct them. Make a point of making yourself familiar with the national labor laws and those in your particular state before accepting your employers report of 'their rights'.

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Specializes in Oncology/Haemetology/HIV.

It depends on your state. In right-to-work states, you can be fired for just about anything, it does not matter whether it is fair or not.

As far as that NH policy, well, many hospitals that I have worked for, have the same or similar policies. It is amazing that we work around ill people/immunocompromised patients all the time but we are discouraged from calling in and that no consideration is paid to our illnesses or injuries.

Is it fair, No.

Is, it right, No.

But it is life in corporate America

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Specializes in Public Health, DEI.

Until a few months ago, I would have sworn that what you're describing is illegal, but apparently its not illegal in my state because one of the other projects administered by the fiscal agent for the project I work on has a similar policy. A friend of mine in HR told me that this other agency (a well known federally funded social service program, btw) they have fired people for calling off more than 3 days per quarter (which is at least a more realistic limit than once a month, because what if you have the flu and need more than one day off to recover?) I do know the workman comp stuff wouldn't fly in this state; if the doctor has said you can't work, the company is required to abide by that decision, or any modified work orders, etc. I agree with the person who said that they may just be counting on you to not know what your rights are under the law. You also have an excellent point about putting your residents' health at risk by exposing them to illness. I'd do some research and find out what the laws in your state have to say about all this.

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Thankyou soo much to all of you that have replied. My state is Pennsylvania and I am going to take your advice and study up on my state labor laws. I think I may also call the Dept. of Health as well as The Dept. of Labor to ask them questions.

Thanks again:D

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Some states are worse than others but any one can be fired at will without collective bargaining rights in place. In other words,a labor union.

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As an at will employee you may be terminated for any reason, at any time. Sure there are laws for unjust termination, but it takes a lot of documentation and usually a lawyer to fight these cases. I would look for another job and make myself aware of my rights.

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Specializes in LTC,Hospice/palliative care,acute care.
Originally posted by RavenSong

Thankyou soo much to all of you that have replied. My state is Pennsylvania and I am going to take your advice and study up on my state labor laws. I think I may also call the Dept. of Health as well as The Dept. of Labor to ask them questions.

Thanks again:D

Pa. is a right to work state-that means you have the right to work or there's the door......You need to find out how long that final warning is in effect and get it in writing..As far as the workmen's comp injury goes I think since you filled out the incident report at the time of the incident per policy they can not discipline you especially if you were under the care of their workmen's comp doc...Go to human resources and then up the chain of command all the way to corporate if you have to...You will get that taken off of your record...These places will push and push you-if you let them...In Pa the dept of labor can really only help you AFTER there has been a violation so keep good records...As for the flu-if you have gotten it just stay out until it's over-that counts as one occurence....Also-if you want to have a good long career in this field and value your back you have to learn how to safely let a resident go down to the floor...Don't try to stop a fall or hold someone up ( I know-that is your first reaction) Let them slide down your legs-cushion their head before they land..Good LUck
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Pennsylvania is not a Right To Work State. According to all the sites I visited on the internet.

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Oops! I forgot to add that today posted at our station was a company wide e-mail from corporate saying for infection control all sick personnel should be restricted from patient care or sent home and not to return to work for 5-7 days due to this being the flue season...::shrugs:: Go figure, such contradiction.

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Specializes in LTC,Hospice/palliative care,acute care.
Originally posted by RavenSong

Pennsylvania is not a Right To Work State. According to all the sites I visited on the internet.

When Tom Ridge was our governor he made it so....The Pa labor laws are sooo in favor of corporations-there are way too many loopholes for them to dodge through and nothing much to protect us...That's what I meant by right to work...and Ed Rendell continues to look out for big business at our expense.......
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