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Started By
Message
Lawyers of the OT, question about current situation
Posted on 4/30/20 at 1:34 pm
Posted on 4/30/20 at 1:34 pm
So the wife is an OT and works at a Nursing home. They got there first confirmed case over the weekend of Covid. She treated that individual last Tues for therapy. She requested two weeks off for quarantine and was denied and told to return or be fired. There is another therapist who took leave when all the started because she has a infant. They called her yesterday and said she needed to go work at another facility that has 30 plus cases. She said no and they fired her this morning. I thought there was a executive order saying you couldn't fire for this reason?
This post was edited on 4/30/20 at 1:37 pm
26
Posted on 4/30/20 at 1:36 pm to GREENHEAD22
Louisiana is an at-will employment state
without a positive test for COVID, you dont have much ground to stand on for requesting leave
without a positive test for COVID, you dont have much ground to stand on for requesting leave
Posted on 4/30/20 at 1:36 pm to GREENHEAD22
One call, y’all!
Posted on 4/30/20 at 1:36 pm to GREENHEAD22
call the local news and let them bring her employees on camera
Posted on 4/30/20 at 1:36 pm to GREENHEAD22
she should get tested
Posted on 4/30/20 at 1:37 pm to GREENHEAD22
Would you sue for the flu?
Posted on 4/30/20 at 1:37 pm to GREENHEAD22
I expect to see issues like your litigated when all is said and done. Does she have an employment contract or is she at-will?
Posted on 4/30/20 at 1:41 pm to GREENHEAD22
Do you live in West Baton Rouge or Iberville?
Posted on 4/30/20 at 1:42 pm to GREENHEAD22
Nursing home (industry) is trashy
Posted on 4/30/20 at 1:45 pm to GREENHEAD22
I don't think there are any prohibitions firing people. However, the company can get federal funds to pay her for most of a 2 week quarantine, and all of it if a doctor tells her to stay home and quarantine. So it's not a money thing, her employer is just a POS.
Posted on 4/30/20 at 1:46 pm to GREENHEAD22
Id assume she doesn't have any fever or symptoms that deem her to stay home.
Fwiw, I found out the other day a girl I know is pregnant, works in Healthcare, but department of public health has no issues with pregnant women working.
Didn't know OTs made 85,000-100,000+ per year. Good on her
Fwiw, I found out the other day a girl I know is pregnant, works in Healthcare, but department of public health has no issues with pregnant women working.
Didn't know OTs made 85,000-100,000+ per year. Good on her
Posted on 4/30/20 at 1:48 pm to Salmon
quote:
she should get tested
This is what I was going to suggest. I know under the state of emergency declare here in Kentucky, if you're waiting for COVID-19 results you're supposed to self-quarantine and you have work protections (maybe not paid protections, but it would prevent you losing your job).
All that said, I'd want NO part of working in a nursing home on a good day much less during this.
Posted on 4/30/20 at 1:49 pm to GREENHEAD22
They need her to help serve meals, at least that’s what the therapists & admins are doing where my Grandpa is at
They are having trouble keeping CNA’s & nurses on staff which is why it’s spreading so easy, nurses are covering multiple halls
They are having trouble keeping CNA’s & nurses on staff which is why it’s spreading so easy, nurses are covering multiple halls
Posted on 4/30/20 at 1:53 pm to GREENHEAD22
How old is your wife? Is she obese? Does she have diabetes? If not, what's the problem?
Posted on 4/30/20 at 2:09 pm to GREENHEAD22
You need to get someone to advise you on the FMLA changes.
If you're advised to quarantine due to exposure, or you need time off to get a diagnosis, there are legal protections that kick in an apply for a lot of employers and that could be relevant here.
If the nursing home were my client I'd tell them they were getting very close to the line (if not pretty blatantly crossing it), assuming they're covered by the changes and there aren't a lot of facts missing from your post.
If you're advised to quarantine due to exposure, or you need time off to get a diagnosis, there are legal protections that kick in an apply for a lot of employers and that could be relevant here.
If the nursing home were my client I'd tell them they were getting very close to the line (if not pretty blatantly crossing it), assuming they're covered by the changes and there aren't a lot of facts missing from your post.
Posted on 4/30/20 at 2:10 pm to GREENHEAD22
quote:
They called her yesterday and said she needed to go work at another facility that has 30 plus cases. She said no
Sounds like she should have picked another profession if she didn't want to work around sick people
Posted on 4/30/20 at 2:13 pm to Rouge
NVM Law partner told me about thread so I gave the OP a quick read. Didn't see the "nursing home" employment.
This post was edited on 4/30/20 at 2:16 pm
Posted on 4/30/20 at 2:17 pm to Pettifogger
quote:
You need to get someone to advise you on the FMLA changes.
Nursing homes are exempt from the new FMLA amendments.
Posted on 4/30/20 at 2:18 pm to Pettifogger
quote:
You need to get someone to advise you on the FMLA changes.
If you're advised to quarantine due to exposure, or you need time off to get a diagnosis, there are legal protections that kick in an apply for a lot of employers and that could be relevant here.
If the nursing home were my client I'd tell them they were getting very close to the line (if not pretty blatantly crossing it), assuming they're covered by the changes and there aren't a lot of facts missing from your post.
As I understand it, the FMLA requires employers to grant the 12 weeks unpaid to employees who are diagnosed with COVID, have a doctor's opinion that there is possible or potential COVID, or to care for a family member with COVID.
It does specifically say the FMLA cannot be used for "pandemic avoidance".
It seems like OP's situation is in the gray area between these regs.
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