Unfair Policies

[Sharkbitten]

What is the name of your state? PA
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.

 

[JETX]

"Do we have any rights at all concerning this matter?"
*** Though it may not be fair, the employer does have the right to establish their sick policy, as long as it is applied without discrimination.

"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."
*** Though the injury may have taken 3 days to be sufficient to miss work, I would assume that you were aware at the TIME fo the injury. Most employers require employee notice of ANY on-the-job injury.

 

[Sharkbitten]

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.

 

[cbg]

I can see a possible flaw in the legality of this policy. How many people are employed at this facility? By the company overall?

 

[Sharkbitten]

There are at least 100 emloyees at this facility and thousands nationwide..it is Manor Care. They have facilities in many states.

 

[cbg]

Then while this policy would not be illegal in all cases, it would be illegal for any absences that qualify under FMLA and it would be questionable for any absences for which FMLA would be a possibility, at least until the qualification for protected leave was or was not verified.

 

[JETX]

"What about our constitunional rights to live without fear? The fear of losing our financial security if we lose our jobs"
*** HUH??? I guess I missed that in the Constitutional Law course. Where IS that in the Constitution???

 

[HomeGuru]

"What about our constitunional rights to live without fear? The fear of losing our financial security if we lose our jobs"
*** HUH??? I guess I missed that in the Constitutional Law course. Where IS that in the Constitution???

**A: JETX, you don't get it. It is the constitunional right that all members of the constit union belong to. It is a union thing. A collective bargaining issue. That right only applies to those in the union and is stated under the Fear Factor union code.