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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.
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.
What I understand is that FMLA is to take care of a family member-child by birth or adoption, parent, spouse, etc. NOT for funeral leave-I could be wrong though.....
From: Does FMLA cover leave after relative dies? - Business Management Daily
FMLA only requires that you provide leave for time spent caring for a parent or child because of the person's serious health condition, not time spent in bereavement or wrapping up the affairs of someone who dies. The courts have been consistent in upholding that distinction.
While I agree that FMLA doesn't apply to bereavement situations, I do think that the person should be allowed to take the time off as vacation/sick time (if there is any accrued), regardless of the fact that they just took FMLA time.
My understanding is that FMLA days can't be "used against you" -- that's the whole point of the law, ensuring that your job is secure when you are able to return. If the employee hadn't previously been on FMLA leave, would the DON have allowed the bereavement leave? Would the DON have allowed the leave if the employee were a "native" whose family just happened to be on another continent at the TOD?
And regardless of the leave question, the comment made was TOTALLY inappropriate and I'm glad that it's being reported to upper management.
When my grandma died I got 1 day of funeral leave-one day. I was able to move things around so I could take 2 days off (1 vac. day and 1 fun. lv. day).When my FIL died I got 3 days of funeral leave.
Most do NOT get 2 weeks off for funeral leave-doesn't matter where you are from....
I have never heard of getting 2 weeks either, but being that she has to leave the country to attend the services and I am sure there are customary ways it's handled and long flights and so on I could see why one would need that time.
Hopefully every thing will work out ok.
The closest person I have in my life (besides my kids) is not a blood relative, and if I were to lose her, I would probably end up taking months off :|
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.
From Webster: discrimination is
1. A prejudiced or prejudicial outlook, action, or treatment
This woman making statements about "foreigners" going back to their "countries" is prejudiced. From the context of what was presented, it doesn't sound like she would have made these types of statements about a white American wanting to take long periods of leave. That sounds like discrimination to me.
mindlor
1,341 Posts
I would mind my business.
If the DON came at me, then I would take her down. otherwise, not my problem.
I have enough of my own lol