What would u do?

[rnfromja10]

I have a coworker who told me the most disturbing comment that the DON directed at her. Apparently, her mother in law passed away in India and she asked for 2 weeks off to attended her funeral. She was told no because she had recently returned from India after being gone for 6 weeks on FMLA due to her mother in law's illness. The DON allegedy stated "that she is tired of hiring all these foreigners because all they want to do is go back to their countries for weeks at a time." Maybe she is forgetting that she is Polish herself. The coworker went to HR and had a formal complaint lodged against her for this comment and has also gone to the CNO. What more can be done? She always seems to lash out at nurses who she thinks do not have backbones.

[CNL2B]

This seems very appropriate to me. This is a pretty clear cut case of discrimination. I would also add that HR should weigh in on the FMLA request. If she only took 6 weeks the first go around and now wants two more, she should have the time. Legally they have to allow to you have 12 weeks/year of FMLA if you have been at your job for a year (and she probably has, being that she was granted FMLA the first time.)

If the CNO and HR can't help, you could start shopping for employment attorneys. That is a tough road and could get expensive but someone would probably give a free consultation.

[roser13, ASN, RN]

What would I do? I would not borrow trouble.

I would not vest myself in this issue unless I were personally involved.

[cb_rn]

I would not talk about this to anyone at work to avoid being drawn into the gossip. Since you did not actually hear the comment, this is not your battle. However, privately encourage this nurse to take the initiative to follow up on this blatantly inappropriate comment. I hope if she really said it there are consequences, that's a very poor choice of wording on that administrator's part.

[~Mi Vida Loca~RN, ASN, RN]

I don't work in HR, but I thought FMLA was 12 weeks also. I don't know though if their are stipulations on how it's used or if it's only 12 weeks at once.

Completely inappropriate though for them to say to other staff.

[cb_rn]

I don't know if funeral leave is FMLA but usually employers have protocols in place for close family members passing away. Even if they do not, it is very poor taste to not allow someone to attend a funeral of their mother in law. If that nurse moves quickly and contacts the right people with that comment, I am willing to bet she'll be on a plane to India within a day or two.

[lkwashington]

Evidently this situation is making you uncomfortable. You should just continue to observe your surroundings and keep your ears open. Im not going to tell you to find another job but you have to do what is best for you. Just a thought. Good luck to your co worker.

[dscrn]

I don't work in HR, but I thought FMLA was 12 weeks also. I don't know though if their are stipulations on how it's used or if it's only 12 weeks at once.

Completely inappropriate though for them to say to other staff.

if needed, my understanding is that you can take a FMLA one day at a time...

[CNL2B]

You can take FMLA one day at a time. People do it in my facility all the time. It can legally be used if someone has a problem with daycare -- if you have some sort of situation (like if you have a sick child) and your kid doesn't have daycare for the day (because you can't send them to the center sick) you can take FMLA. It works for a lot of moms. The FMLA pay for us comes out of our sick leave bank if we have it, and if it's not there, they have to give it to you unpaid (they can't take it out of your vacation time.) It works because if you take too much sick leave at my facility (meaning multiple instances of call ins in a calendar year) you can be disciplined. No one can discipline you for taking FMLA.

I guess though, she isn't technically going to care for a sick mom anymore. This perhaps does NOT qualify for FMLA. However, I gotta say I can't think of a facility that doesn't have a bereavement policy. A lot of places, bereavement is a week for immediate family. Given that her family is halfway across the globe you would think they could be a little bit acommodating. If not -- what a crap job.

Any HR experts out there that can weigh in?

[Intern67]

The coworker went to HR and had a formal complaint lodged against her for this comment and has also gone to the CNO. What more can be done?

The DON was an idiot for saying that comment out loud at work.

She said a rude comment about her own frustrations with foreign nurses. She deserves a reprimand, but what else do you think should be done? I doubt she deserves to be fired. Remember, her frustration isn't that the workers are bad nurses, but that they need extended vacations.

At my last job in LTC, the Charge Nurse from one of the floors went home to Africa on vacation. He never came back, never called or emailed. His replacement worked for a couple months, then went to Africa on vacation. She never came back, never called or emailed.

So I guess I can understand her frustrations, but not her saying anything so idiotic out loud.

[Intern67]

This seems very appropriate to me. This is a pretty clear cut case of discrimination.

How so? The DON expressed frustration. As others have stated, if the leave is allowed by law, then the nurse gets to go.

I don't condone her actions in the least. This is a clear cut case of saying something stupid, but discrimination - not so much.

[caliotter3]

Members of management should keep their politically incorrect opinions to themselves. The rest of us would have to deal with the consequences if we went around spouting off comments like that in the workplace.