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Federal Employees: You be the Judge

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#1 Posted : Wednesday, January 14, 2009 5:18:11 AM(UTC)

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I work in a hospital in the Same Day Surgery/Recovery Room. During the holidays the operating rooms were closed except for emergencies due to construction, which meant the area where I work had nothing to do. I took leave to have surgery during the holidays but some of my co-workers took LWOP rather than going to work in another part of the hospital during this time. These employees would still be working as a nurse no matter where they worked in the hospital and the union agreement states that the employee can be floated anywhere within the hospital that they are qualified to work on an intermittent as needed basis. We have a nursing shortage so there is always a need, there isn't always the ability to help out another area.

The >30 day reassignment thing doesn't apply here because we were only closed for two weeks. I probably would have been assigned to work in the emergency room as I am also a Certified Emergency Nurse.

#1 Should the union have been notified prior to the temporary closure? Which didn't happen.

#2 Is the supervisor at fault for approving the LWOP? I thought LWOP was only for emergency issues or other very specific instances.
These employees insurance deductions and stuff are all messed up because there was no pay to deduct them from.

#4 Ultimately who is at fault for this mess and do the employees have any recourse?

#2 Posted : Wednesday, January 14, 2009 12:24:33 PM(UTC)

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I was called away in the middle of typing the post and posted it by accident without finishing but I know the answer now, so please disregard.


#3 Posted : Friday, January 16, 2009 10:41:36 AM(UTC)

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Unless it's changed over the past twenty years, you must be in a PAY STATUS one hour before OR after a holiday to receive holiday pay. That is either working one hour before OR after or in a LEAVE status one hour before OR after. I know this courteous of Norfolk Naval Shipyard. The management there wanted force everyone to use their leave for two weeks over the holidays. If the employee didn't want to use their leave then they were frowned upon and were assigned demeaning jobs outside of their skill set to do over the holidays. After researching the OPM (book form, didn't have computers back then) I found out that I could take LWOP and still get paid Christmas day and New Year if I worked at least one hour on the day before or after the holiday or used one hour leave before or after the holiday. Saved many of us from being forced to use our annual leave in middle of the winter. I was near impossible to get leave approved during the summer if you did not have must leave (use or loose).
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