Using PTO to make a full pay ck

xtxrn, ASN, RN · Oct 25, 2011

2nd thread same info???

Esme12, ASN, BSN, RN · Oct 25, 2011

Anyone else have this prob?? I have two pressing questions:
Firstly, we're heading into slow season, and NOW my DON decides to hire the 5 full time staff we've been missing. Now we are being put on call at least once a wk. Having to use PTO to make a full pay ck. She seems to do this every year. We have poor retention on our night shift. Anyone else coming across this? From a hospital-provided-benefits perspective, does it seem fair I have to use my PTO (one of my benefits which Id like to use for say, I don't know....a vacation??) to make a pay ck??
Secondly, if staff on my shift sign up for a CEU class, esp one that is 7-8 hrs, we will get cancelled because my boss doesn't want to pay us OT (by law anything over 40 hrs must be paid @ 1.5). So, there I go again. Short my pack by four hours or use my PTO just to make my normal 36 pay. Is this ethical, moral, legal?

It may not be fair. It may not be ethical or moral......... :devil: but it is legal. Technically the class wouldn't be included in the over time because it is "non-productive" time and therefore can be excluded from OT. To qualify to be OT it has to consist of functions normally performed by you....ie: being at the bedside vs being in class. Technically speaking federal law mandates OT over fourty hours if in job performance usually performed by the worker. Making you take the time is up to the employer. There are no federal laws protection when you get paid your vacation or how you take your vacation just that if there is a vacation promised that you get what you are promised.

It is cost effective to make you use your vacation pay to make up cancelation. If you take vacation during "busy times" they have to pay for a replacement or pay OT to cover you with a replacement plus pay your vacation. this way they are saving cost by canceling you and making you use the money already set aside for your vacation and getting it "off the books" so you can't use it at a more expensive time for them later.

Shady?Yes Amoral?Yes Self serving? Yes.......welcome to nursing administration 101.

deemalt, BSN, RN · Oct 25, 2011

They can do this if you are not union.

classicdame, MSN, EdD · Oct 25, 2011

they can do this if you ARE in a union. Federal law trumps union contracts.

belgarion · Oct 25, 2011

At one time, in some states if you were carried on the books as full time and were scheduled for less than a certain numbers of hours for a week you could claim unemployment benefits for that week. Something you could check into.

MrChicagoRN, RN · Oct 25, 2011

Anyone else have this prob?? I have two pressing questions:
Firstly, we're heading into slow season, and NOW my DON decides to hire the 5 full time staff we've been missing. Now we are being put on call at least once a wk. Having to use PTO to make a full pay ck. She seems to do this every year. We have poor retention on our night shift. Anyone else coming across this? From a hospital-provided-benefits perspective, does it seem fair I have to use my PTO (one of my benefits which Id like to use for say, I don't know....a vacation??) to make a pay ck??
Secondly, if staff on my shift sign up for a CEU class, esp one that is 7-8 hrs, we will get cancelled because my boss doesn't want to pay us OT (by law anything over 40 hrs must be paid @ 1.5). So, there I go again. Short my pack by four hours or use my PTO just to make my normal 36 pay. Is this ethical, moral, legal?

When we would flex down, the employee has the option of taking PTO or being unpaid. Not a great choice, but it does allow a little control of the situation.

If the class is mandatory, they need to pay you; if it isn't they don't. Can you negotiate for these classes to be included into your schedule, which would then require less reduction in force on the floor?

Is this a unit based, or department/institutional issue? Have you checked with HR, employee relations, or payroll to ensure that your flexing is within policy?

PMFB-RN, RN · Oct 26, 2011

Most hospital I have worked in would do this to you. The second they thought they MIGHT be able to get by without you they lay you off for 4-12 hours and if you can't that pay cut you must use PTO to cover the difference. Magnet hospitals seem to be the worst in my experience. I went for years without a vacation cause of this.

Now my main job is at a union (non Magnet) hospital and they do not do this to us per our union contract.