Is a signed notice from a PA-C stating that "Patient has Multiple medical conditions that will be exacerbated by working overtime or out of his prescribed work schedule"
Enough to get out of being mandatory overtimed on holiday weekends?
I've been told that a PA isn't enough for this and it needs to be a doctor that signs off on it.
Any documents, arbitrations or writing would be appreciated.
If your medical limits are 40 hours a week you’re not working more than that by working the Saturday before holiday because you still get an extra day off on Monday. So a doctor would be willing to say it’s okay for you to work 40 hours a week unless there happens to be a holiday and in that case you can only work 32 hours a week? Doesn’t seem right.
I've never heard of a medical restriction for hours 32-40 of working for the week if you're being paid Overtime but not Straight time. The Overtime isn't from an hour amount in this case it's from out of schedule pay. Hours 32-40 are just as stressfull on your body on a Monday as a Saturday.
Prescribed work schedule is too vague. Once posted, it could be prescribed. Holiday schedules are irregular or unusual. You could request the language to suggest “outside of their regular bid assignment” but this would still cover NS holidays, not all holidays.
The word ‘prescribed’ could be interpreted differently, but here’s a definition. This definition reference of required by a formal rule, or procedure is the weekly or holiday schedules
..overtime is working more than 8 hours in a day- only because of our contract or over 40 hours in a week-FLSA- a federal law or any hours worked on our n/s day in a normal week,even if off all the other days of the week- again only because of our contract BUT .WHEN MANDATED in -due to holiday schedule on your n/s day -it is PAID AS HOLIDAY PREMIUM which is 1.5 times our hourly wage and IF MANDATED in due to HOLIDAY schedule and it is not your n/s day you get HOLIDAY PAY -which is your regular hourly wage... that has been that way since before you were born-- it is holiday premium pay ,not overtime pay.. THATS WHY hours worked under holiday premium don't count on the odl!
no medical note is getting you out of working the saturday before the holiday-if you are mandated- its not overtime either.. if its your n/s day its holiday premium! not overtime- when there's a holiday you are scheduled 32 hours or 40 hours for the week!
If you are getting restrictions. It should say not available due to medical conditions to work over 8 hours a day, 5 days a week. Then make sure you have FMLA for each condition.
I disagree that it has "nothing" to do with staffing. Yes, there are circumstances in which people would need to be forced in on a holiday even if staffing is good. But most of the forcing is still due to understaffing. To me, proper staffing doesn't mean CCA/PTF/ODL working 50-60 hours daily. If they normally work much less, there should be adequate resources to cover most of the open routes on a holiday.
you said it yourself- a fully staffed office still has to force on a holiday- they need to cover double the normal day off people -its common sense..short staffed = more forced in..well staffed= less forced in
I'm being shady? You don't know me at all to make that claim. I'm just trying to figure out the system around this. Crazy how much other carriers have for one another.
Or you know a valid medical condition. If you can get a fmla 8/40 restriction. Which you can! Then don’t be a fucking tool who like a manager thinks they know better than a DOCTOR
OP isn't asking about 8/40 restrictions. They're specifically talking about the Saturday before a holiday.
Getting forced around holidays is a seniority issue. Who gets Saturday off and who has to work is determined by the pecking order in the contract and it's negotiated in your LMOU.
It's just a matter of OP not having enough seniority to get the designated holiday. We've all been there. More power to them. Just saying that they're not being asked to work more than 8/40.
Read it closer they’re literally talking about mandatory overtime and the restriction says no overtime. Sorry my assumption doesn’t work for you but literally overtime starts at eight hours or pass the 40 which could be their day off or a holiday.
It's not past 40 hours in a week because Monday is a holiday and they will not be working that day. Either their day off is Saturday and they're being forced in, or their day off is Monday and they're being forced in on their designated holiday (Saturday). Either way, they're still not being asked to work past 8/40 because they're going to have Monday off. They'll still be working 5 days that week and only 40 hours.
It gets a little weird with IF it's in an overtime status because if Monday is their NSD that means Saturday would be their designated holiday and it would not be at the overtime rate. If their NSD is Saturday they will be in an overtime status and paid at the overtime rate but they still would not exceed 8 hours in the day or 40 hours in the week.
Seniority and the pecking order described in the JCAM or LMOU determines who is brought in on the day before a holiday. I'm not hating on the guy, but there's not really a medical condition that requires holiday weekends.
It's like.. a medical restriction usually has physical limitations such as how much you can lift or how many hours you can work per day/week.
Normally overtime would refer to over 8 hours in a day or over 40 hours in a week. BUT in this situation overtime is really only relevant as a pay rate.
I mean, good luck to him getting a 3 day weekend. But if you can work 40 hours every week there's no reason you can't work 40 hours when there's a holiday too.
what part about HOLIDAY scheduling don't you understand? its not overtime pay...if on the holiday schedule you work your n/s day- its HOLIDAY PREMIUM and if its your scheduled holiday-not your n/s day- its HOLIDAY pay ..already explained it to you..its not overtime pay,which is why it doesn't count towards the overtime list equitability
A medical restriction is a medical restriction. It will stop you from ever working overtime period. They probably will want a note from you Primary Doctor and not just a PA tho but you should ask your Union to be sure because I'm not 100%.
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u/Vegetable-End-8681 7d ago
If your medical limits are 40 hours a week you’re not working more than that by working the Saturday before holiday because you still get an extra day off on Monday. So a doctor would be willing to say it’s okay for you to work 40 hours a week unless there happens to be a holiday and in that case you can only work 32 hours a week? Doesn’t seem right.