The Family Medical Leave Act (FMLA) continues to be a conundrum for many of our members as well as management. It was recently brought to our attention that nurses are receiving negative ratings with respect to attendance on their annual appraisals, despite the fact that their absences were FMLA approved. NJNU’s position is simple: If you were approved for an absence in accordance with the FMLA guidelines, then management can not hold that absence against you in any way, shape, or form.

NJNU is currently investigating this issue as we suspect that this may be a widespread practice. If you think that you may have received a negative rating for attendance on your appraisal, please notify your local delegate as soon as possible or call the office for more information.

ALL NJNU MEMBERS
ARTICLE XII
(STAFFING ADJUSTMENTS/FLEXING DOWN)

ALL NJNU MEMBERS
ARTICLE XXXIII
(PG. 67)

Please be advised that according to Art. 33 of our contract with SBMC, management may reduce staff in the event that the needs of the unit should change. However there is a process that must be followed, as seen here:

1. They must first cancel any agency and/or traveler nurses within the affected unit.
2. They must cancel all prescheduled overtime within the affected unit.
3. They must cancel all per diem nurses within the affected unit.
4. They must cancel additional part-time shifts.
5. They must offer benefit time according to seniority within the affected unit.
6. They must cancel agency and traveler nurses within the affected division, and reassign bargaining unit staff nurses.
7. They must reduce staff by inverse seniority in the affected unit.

In other words, if staffing tries to get you to either stay or go home, otherwise called (FLEXING), be sure to ask them if they are laying you off, [this would constitute a lay-off or furlough as you are being sent home without pay].

This is what the Department of Labor Says about the Mandatory Overtime Law:

Q. Is there a law that protects health care workers from being forced to work overtime?

A. Yes. The New Jersey Mandatory Overtime Restrictions for Health Care Facilities stipulates the conditions under which health care facilities may require certain hourly employees to work overtime. The law is contained in N.J.S.A. 34:11-56a31 et seq. The regulations are contained in N.J.A.C. 8:43E-8.1 et seq.

Q. Who is covered under the law for mandatory overtime restrictions?

A. Hourly workers who are involved in direct patient care activities or clinical services and are employed by a health care facility (see below for definition of health care facility). This may include nurses and nurse’s aides, but not doctors. For a list of employees that are not covered, click on N.J.A.C. 8:43E-8-2.