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Telling you cant leave during your break at work....

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Is this even legal? You can't leave on your break even though you are not being paid for your break. Their reasoning is too many people were coming back late and you are in the building in case a patient needs you. But management is allowed to leave on break still :/
Posted on CafeMom Mobile
by on May. 4, 2012 at 8:23 AM
Replies (21-30):
Mom_The_Nurse
by on May. 4, 2012 at 8:36 AM

you should be able to say "hey, im going to this place on my break" and charge can say ok or no.

Quoting opal10161973:

If there is a disclaimer in the handbook that says the policies may be interpreted by the manager or to the manager's discretion, it covers it.  Especially if you work evenings or nights.  In Florida, they have to have so many caregivers to patient/resident ratio in the building by law, whether they are on break or not, so she may be covered by that.  I don't agree with this and it is one of the reasons I am leaving the field. 

Quoting cdi:

Its not in the handbook though it is not a company policy it is this managers policy


Quoting opal10161973:

That's how it was in pretty much every nursing home or hospital I have worked at in the last several years.  If it's in the handbook, you have no recourse.  Sorry!




quickbooksworm
by Silver Member on May. 4, 2012 at 8:49 AM
This. That is the guidelines set by the Dept of Labor.


Quoting amyrw:

If its not paid its your time to do with what you want. If its paid, you are on their time and considered a liability of you were to get hurt. Where I used to work you weren't allowed to leave the property during break bc you were being paid and if you got in a wreck the company would be responsible for you/workers comp. But we could leave for lunch bc it was not paid.

Posted on CafeMom Mobile
Tea4Tas
by on May. 4, 2012 at 8:53 AM

If you are being paid (as a teacher is-they aren't clocking in and out) they can require you to stay.  If you are not, I am pretty sure they can't require it. Call your local labor board and ASK.

saltyalley1227
by on May. 4, 2012 at 8:54 AM
No not if u punch out. They can punish you for being late though.
Posted on CafeMom Mobile
opal10161973
by on May. 4, 2012 at 8:55 AM

No leaving.  That was the policy.  Period.  They would make us sign the handbook and most places, it was in there.  Mind you, FL is a right to work- read screw the employee- state.  They can do whatever they want to you down here pretty much.  If you want to work, you do whatever they say, as long as it's not against criminal laws.  You have little to no rights.  Sad.

Quoting Mom_The_Nurse:

you should be able to say "hey, im going to this place on my break" and charge can say ok or no.

Quoting opal10161973:

If there is a disclaimer in the handbook that says the policies may be interpreted by the manager or to the manager's discretion, it covers it.  Especially if you work evenings or nights.  In Florida, they have to have so many caregivers to patient/resident ratio in the building by law, whether they are on break or not, so she may be covered by that.  I don't agree with this and it is one of the reasons I am leaving the field. 

Quoting cdi:

Its not in the handbook though it is not a company policy it is this managers policy


Quoting opal10161973:

That's how it was in pretty much every nursing home or hospital I have worked at in the last several years.  If it's in the handbook, you have no recourse.  Sorry!





Mom_The_Nurse
by on May. 4, 2012 at 9:01 AM
1 mom liked this

i know. i live in fl :)

Quoting opal10161973:

No leaving.  That was the policy.  Period.  They would make us sign the handbook and most places, it was in there.  Mind you, FL is a right to work- read screw the employee- state.  They can do whatever they want to you down here pretty much.  If you want to work, you do whatever they say, as long as it's not against criminal laws.  You have little to no rights.  Sad.

Quoting Mom_The_Nurse:

you should be able to say "hey, im going to this place on my break" and charge can say ok or no.

Quoting opal10161973:

If there is a disclaimer in the handbook that says the policies may be interpreted by the manager or to the manager's discretion, it covers it.  Especially if you work evenings or nights.  In Florida, they have to have so many caregivers to patient/resident ratio in the building by law, whether they are on break or not, so she may be covered by that.  I don't agree with this and it is one of the reasons I am leaving the field. 

Quoting cdi:

Its not in the handbook though it is not a company policy it is this managers policy


Quoting opal10161973:

That's how it was in pretty much every nursing home or hospital I have worked at in the last several years.  If it's in the handbook, you have no recourse.  Sorry!






opal10161973
by on May. 4, 2012 at 9:03 AM

Then you KWIM. 

Quoting Mom_The_Nurse:

i know. i live in fl :)

Quoting opal10161973:

No leaving.  That was the policy.  Period.  They would make us sign the handbook and most places, it was in there.  Mind you, FL is a right to work- read screw the employee- state.  They can do whatever they want to you down here pretty much.  If you want to work, you do whatever they say, as long as it's not against criminal laws.  You have little to no rights.  Sad.

Quoting Mom_The_Nurse:

you should be able to say "hey, im going to this place on my break" and charge can say ok or no.

Quoting opal10161973:

If there is a disclaimer in the handbook that says the policies may be interpreted by the manager or to the manager's discretion, it covers it.  Especially if you work evenings or nights.  In Florida, they have to have so many caregivers to patient/resident ratio in the building by law, whether they are on break or not, so she may be covered by that.  I don't agree with this and it is one of the reasons I am leaving the field. 

Quoting cdi:

Its not in the handbook though it is not a company policy it is this managers policy


Quoting opal10161973:

That's how it was in pretty much every nursing home or hospital I have worked at in the last several years.  If it's in the handbook, you have no recourse.  Sorry!







momma2rhylee
by on May. 4, 2012 at 9:06 AM
We can't leave. We are paid for ours though. We have to be available in case a resident has a behavior and help is needed
Posted on CafeMom Mobile
Mom_The_Nurse
by on May. 4, 2012 at 9:07 AM

i know what you mean. I was fired from steak n shake (was a sever for over two years there) because they had a secret shopper come in and they gave me bad reviews (none of the shit they said was true) and they fired me. I was able to get unemployment from that, luckily.  But employers have the upper hand in hiring and firing and DONT have to have a reason at all. They do when unemployment comes inquiring, though.

Quoting opal10161973:

Then you KWIM. 

Quoting Mom_The_Nurse:

i know. i live in fl :)

Quoting opal10161973:

No leaving.  That was the policy.  Period.  They would make us sign the handbook and most places, it was in there.  Mind you, FL is a right to work- read screw the employee- state.  They can do whatever they want to you down here pretty much.  If you want to work, you do whatever they say, as long as it's not against criminal laws.  You have little to no rights.  Sad.

Quoting Mom_The_Nurse:

you should be able to say "hey, im going to this place on my break" and charge can say ok or no.

Quoting opal10161973:

If there is a disclaimer in the handbook that says the policies may be interpreted by the manager or to the manager's discretion, it covers it.  Especially if you work evenings or nights.  In Florida, they have to have so many caregivers to patient/resident ratio in the building by law, whether they are on break or not, so she may be covered by that.  I don't agree with this and it is one of the reasons I am leaving the field. 

Quoting cdi:

Its not in the handbook though it is not a company policy it is this managers policy


Quoting opal10161973:

That's how it was in pretty much every nursing home or hospital I have worked at in the last several years.  If it's in the handbook, you have no recourse.  Sorry!








kemmerer411
by on May. 4, 2012 at 9:08 AM
Idk if it's legal or not. But I'd just pack my lunch and deal with it. I'm not one to rake up issues with management.
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