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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20079
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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My brother is a registered nurse working in a nursing home.

Customer Question

My brother is a registered nurse working in a nursing home. He has been employed there for a number of years. The new administrator will not allow him to take accumulated vacation days when he wants; rather she tells him when it suits her. Recently he had to take a week to go to LA to care for his sick mother. Upon return, the administrator cancelled his scheduled two days a week off and is now making him work 9 days in a row without a break. Most of the new nurses last about 6 months the quit because of her. My brother doesn't feel he can quit and go elsewhere because of time vested; he has 5 yrs to go before retirement. Isn't there a law against working someone this many days in a row without a break and what about not allowing him ever to choose vacation days off?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. Although Oregon does have a law that restricts the number of hours a week a nurse can be forced to work, the law only applies to hospitals. This is the link to the law: http://arcweb.sos.state.or.us/pages/rules/oars_300/oar_333/333_510.html

Otherwise, Oregon does not regulate the maximum number of days or hours a week an adult can be forced to work.

As for the leave issue, employers are not required to offer any paid leave. If they choose to, they set the rules for the use of that leave. As long as they aren't targeting one particular employee for worse treatment simply because of the employee's race, national origin, sex, age (over 40), disability, religion, pregnancy, military service, or AIDS/hiv status, they can set the rules they deem appropriate.

That said, if his mother has a serious health condition, he may qualify for intermittent FMLA that would give him the right to take time off without having it effect his attendance or job. This is available if the employer has at least 50 employees and can be used or up to 12 weeks aggregate time in a 12 month period. He should speak to HR about that.

Please let me know if you need any clarification.

Expert:  Marsha411JD replied 1 year ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 13th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/
Thank you.