RANT- Feeling retaliated against at work!

[NurseELB]

I'm sorry if I ramble, I'm sobbing right now...

I'll start by saying there are only 2 hospitals in my city. I work at the larger of the 2 in the emergency room as a nurse. I have worked at the other, it is not somewhere I ever want to go back to .
I have what's known as an intermittent FMLA leave. I am entitled by law to take a certain number of days per year sick time due to a chronic illness. My employer requires that I take accrued sick time pay and then accrued vacation pay to cover these days off. I am now attempting to take 2 weeks off for vacation UNPAID (I have no accrued time left), and am being told I cannot have any time off because I have no accrued vacation time left.
I feel like this is a retaliation or punishment for having an FMLA. Seems to me if I can find someone to work those days (and I can), I should be able to take them unpaid. If I spend all my "pto" being sick, then how does it "improve employee morale and health" (direct quote from human resources policies regarding vacations) by DENYING vacation?!?!?!
I am supposed to leave on the 18th, they did not give a final answer until the 28th, and my union grievance process can take longer than 45 days! ARGHH!

Anyone on BYC a labor law attorney?

 

[debilorrah]

Quote:
Not an attorney, but one thing I KNOW for a fact is that your employer cannot require you to use any accrued time for time away from work for FMLA eligible absences. It is your choice to use time saved, or take the time off unpaid. I also know that if you approach your two weeks off as FMLA, they cannot deny you.

 

[NurseELB]

Debi- thanks! I am seriously considering going to my doctor and having her write me out for stress. It is in the human resources policy that when and employee takes an FMLA day they are required to take sick time and then paid leave when sick time runs out. That is why I think it is unfair to deny the vacation! I would have taken those days unpaid to save the days! I live in WA state, and I'm stuck in a union. Unfortunately this is a "right to work" state so I am kinda glad for the union. In this state an employer of a non union business can fire an employee at will, for no reason!

 

[redhen]

Did you ask your union if it was legal to do that?? They would know what all the hospital policies are...
If the union says its illegal..then i'd just go on vacation and let the union fight for you when you get back... i guess..

You'll probably lose your job though until the union can get you back in...

 

[joedie]

I can't answer if that's legal but they do something similar here in Indiana. Not with FLMA but when they put you on call, you have to use your PTO whether or not you want to. For the past year, the census has been low at several local hospitals so essentially the nurses don't get any vacation because it was all "used" on being placed on call (of which they have no choice). This is also a right to work state. Just LOUSY!

 

[NurseELB]

Union says They can't deny it, but they want me to go through the grievance process. I am suppose to leave on the 18th, the process can take months, and if I DO leave I WILL be fired.
I am the 'large' wage earner in the house so we can't afford for me to be out of a job while they fight. The nearest hospital out of town is 30 minutes away, I could look there for a new position, but my first year is always tenuous because that's the year I have to work without an FMLA, while I earn it. I am out at least 2 shifts a month, makes it hard to follow an attendance policy

 

[NurseELB]

Quote:
Do you have a union? We at least have it in our contract that we don't have to use, and still accrue pto during low census call off!

 

[debilorrah]

Young lady FMLA is a federal law and it doesn't mean JACK what your state says. I have never understood employers being irritated about people using this benefit. It protects people with chronic illnesses or sick family members from being fired from firms that treat people like yours does!!!!!

You need to talk to your union rep about getting your time back since they are not allowed to MAKE you do that.

 

[Boyd]

Quote:
Not an attorney, but one thing I KNOW for a fact is that your employer cannot require you to use any accrued time for time away from work for FMLA eligible absences. It is your choice to use time saved, or take the time off unpaid. I also know that if you approach your two weeks off as FMLA, they cannot deny you.

Debs, in Michigan, what they are doing is allowed, so maybe its a state by state thing? They made me do the same thing after my stroke. Had to burn through all my sick and vacation time first.

 

[Penturner]

FMLA is Federal, So there is no possible way it is anything a rational mind would think it is. You know things like helpful and all that pesky stuff that is so hard to get accomplished. FMLA does allow the employer to require that all other time is used. You then go on LWOP leave without pay but cannot be terminated for it like you can if you exceed accrued time for other reasons. So you still have the additional days you can take without recourse from your employer that FMLA provides but without pay. If it is the policy of your employer to approve leave such as vacation time, they can still do so. I am not clear as to weather you miss a lot of time due to illness but now want to take a vacation and they will not approve the time off. but that is what it sounds like to me. If they have to approve vacation time for everyone else their is not much you can do. As you said go see your doctor tell him that this fiasco has just gotten to be to much and has effected your health. You think that some time to just get away and relax is exactly what you need to get back on track.