Have you received a counseling or been disciplined for ‘calling out’?

Thank you to all the nurses that have reached out to WSNA to alert us of the recent changes in how SCH is enforcing their Absenteeism/Attendance Policy. An Association Grievance has been filed on behalf of the WSNA RN Members. Some of the concerns include:

• WSNA and RN Members did not receive adequate notice about this change to working conditions
• This change was not bargained and may be in conflict with the WSNA contract
• There has been inconsistent enforcement and communication related to the SCH Attendance Policy
• RN Members were put at a disadvantage during COVID when sick leave banks were allowed to go into a deficit of up to 40 hours (sufficient consideration has not been given to the fact that it has taken Nurses some time to restore their sick leave banks)
• RN Members should have access to accrued sick leave hours whenever they are available, and discipline related to use of these hours may be considered retaliation
• The Attendance Policy provides for an unreasonably low number of unexcused absences/tardies
• The Attendance Policy does not appear to align with the WSNA contract

Below are some applicable articles from your WSNA contract.  Make sure you review your contract  to learn more about your rights and take a look at the resources below. There will be more information and updates to come.
 
Question: What does the WSNA contract say about using sick leave?
Answer: This subject is addressed in Article 11 Sick Leave.

Article 11 – Sick Leave 
11.1 Accrual. The Employer offers sick leave as part of its endeavor to foster a healthy work environment. Nurses shall use accrued sick leave rather than coming to work when they are ill. Nurses, as health care professionals, should evaluate their own ability to work without affecting the health of patients, visitors, or other employees. Full time and benefit-eligible part time nurses shall accumulate sick leave at the rate of .046163 hour per hour paid. The maximum amount of sick leave that a full or benefit eligible part time nurse may carry over annually shall be limited to 576 hours per nurse. Per diem nurses, non-benefit-eligible part time nurses, temporary nurses, and nurses receiving payment in lieu of benefits shall accumulate sick leave at the rate of .03317 hour per hour worked. The maximum amount of sick leave that per diem nurses, nonbenefit-eligible part time nurses, temporary nurses, and nurses receiving payment in lieu of benefits may carry over annually is 72 hours per nurse. Sick leave may be used once it is accrued. Sick leave has no cash value and may not be cashed out upon separation or at any other time.

11.2 Compensation. If a nurse is absent from work due to authorized use of sick leave, the Employer shall pay the nurse sick leave pay at the nurse's regular rate for each day of absence up to the amount of the nurse's unused sick leave accumulation.

11.3 Usage. Nurses may use sick leave for all purposes authorized by the Washington State Paid Sick Leave Law, RCW 49.46.210, and the Seattle Paid Sick & Safe Time Ordinance, SMC 14.16, such as illness or injury to the nurse or eligible members of the nurse's family.

11.4 Reasonable Notice.
a. Foreseeable Sick Leave. Nurses shall notify the Employer at least ten days, or as early as practicable in advance of the nurse's scheduled shift if the nurse is unable to report for duty as scheduled and the need for sick leave is foreseeable. The nurse must notify the Employer each day of absence if the nurse is unable to work unless prior arrangements have been made with supervision if the need for paid sick leave is foreseeable. Failure to comply with the above specified notification requirements may result in loss of paid sick leave for that day.
b. Unforeseeable Sick Leave. If the need for paid sick leave is unforeseeable, the nurse must provide notice to the Employer as soon as possible before the required start of the nurse's scheduled shift, preferably two hours beforehand (or four hours beforehand for night Children's Consulting and Clinical Intake Nurses), unless it is not practicable to do so, in which case, the nurse must provide notice as soon as practicable. When use of sick leave under Section 11.3(b) is unforeseeable, and the nurse is unable to give advance notice to the Employer because of an emergency or unforeseen circumstances due to domestic violence, sexual assault, or stalking, the nurse or the nurse's designee must give oral or written notice to the Employer no later than the end of the first day that the nurse takes such leave.

11.5 Proof of Illness. Nurses will generally be asked to verify their use of sick leave after they have been absent for more than three required work days. Requested verification may include documentation from the nurse's healthcare provider. Proven abuse of sick leave shall be grounds for discipline up to and including termination.

Question: Is a coaching or counseling considered discipline?
Answer: No.

Article 5.3 Discipline and Discharge

No nurse shall be disciplined or discharged except for just cause. "Just cause" shall be construed to include the concept of progressive discipline; "due process" shall include a written performance improvement process counseling. All disciplinary and "corrective" actions shall be described in writing, and a copy shall be given to the nurse. Nurses shall be required to sign the written document for the purpose of acknowledging receipt. Progressive discipline and performance improvement processes shall not be applied when the nature of the offense requires immediate suspension or discharge. Verbal warning/coaching shall not be considered disciplinary. A nurse may request the attendance of an Association representative during any investigatory meeting which the nurse believes may lead to disciplinary action.
 
Question: Could my absences be covered if I have protected leave or an accommodation?
Answer: The answer could vary. ‘Leaves of Absence’ are covered under Article 13. You should review your contract and investigate if any of these options are best for your individual circumstances.
 
Additional Resources:

• City of Seattle Paid Sick and Safe Time (PSST) Ordinance SMC 14.16 Questions and Answers
• Seattle Office of Labor Standards Comparison Chart – Seattle PSST and Statewide paid sick leave
• File a Complaint https://www.seattle.gov/laborstandards/investigations/file-a-complaint

 
Length of Service (LOS) adjustment decision appeal DEADLINE September 14, 2024

You do NOT want to miss the LOS adjustment decision appeal deadline

• September 14, 2024

Congratulations to all the nurses who received step adjustments based on your WSNA contract! All applicants should have been notified about the status of their application. Each notification had directions regarding how to get an explanation about the decision, the steps to take to appeal the decision and an attached Appeals form.

The Appeals form is due by September 14. If you have any questions about the process to submit the Appeals form, do not hesitate to reach out. Decisions on appeals will be made no later than October 14, 2024. (See language below)

‘If the nurse disagrees with their credited experience explanation, they may appeal to the CNO and a bargaining unit officer through an email to WSNALOS@seattlechildrens.org and schyearsofexperience@wsna.org no later than 9/14/24, using a form provided by the Employer. The CNO and bargaining unit officer will make their decision on appeals no later than 10/14/24. If the CNO and bargaining unit officer are agreed, the Employer will apply the agreed experience and will notify the nurse. If the CNO and bargaining unit officer are not agreed, WSNA may submit the matter to the streamlined arbitration process described below. Under this streamlined arbitration process, all disputed step adjustments must be submitted for arbitration in writing by December 1 of the year when SCH made the relevant step adjustment(s)…’

Nurse Conference Committee Updates (Alert – New Meeting Minutes Posted)

Reminder - You can review the Nurse Conference Committee (NCC) Meeting Minutes to see what matters are discussed between your WSNA Local Unit Officers, WSNA Nurse Representative and SCH Leadership. These Minutes let you know what information is provided to Leadership, what requests are made by your WSNA Nurse Representative and Local Unit Officers and what commitments are made by SCH Leadership/Management.

The Nurse Conference Committee Meeting Minutes are posted on the local unit web page with the newest ones displayed in the “featured files” section.

Ambulatory and Regional Clinics – Clarifications and Updates

1. Resources - Ambulatory Local Unit Rep – Sara Buck and Local Unit Officers Katie Podobnik and Lindsey Kirsch: sara.a.buck@gmail.com, knight.r.kathryn@gmail.com and lindseykirsch@earthlink.net
2. Ambulatory Residency Program Update – As many of you know, SCH acknowledged that the Ambulatory Residency Program was out of compliance with the WSNA contract. Specifically, it was out of compliance based on the way that SCH prioritized and placed the residents into positions post-residency. WSNA and SCH have been in many meetings aimed to resolve this issue and minimize the disruption to the Nurses. We have also been exploring ways for the program to continue in a manner that is compliant with the contract. Unfortunately, we’ve not reached agreement on a pathway to move forward with the current program, and the program has been paused as far as taking new residents. The plan is to address it in the next round of contract negotiations. This will ensure that the residents and all the other bargaining unit members are considered and that the program is contract compliant.
   
   We met to finalize a plan for the current residents and those who have recently completed the program. This plan will be communicated to the impacted Nurses in the upcoming weeks. Thank you for your ongoing patience. I can only imagine the frustration that has come with the uncertainty.
   
3. Ambulatory Staffing Plan Survey – Ambulatory Clinic nurses, please take a moment to complete the short survey about the staffing plans for the Ambulatory Clinics and your requests for time off. We want to hear from you.

Link to survey

Know your Contract – Know your Rights (Resources)

PTSD Presumptive Eligibility (Shout out to Local Unit Officer Kelsey Gellner for requesting WSNA provide clarity on this law and how it impacts the Nurses!)

• Link to Info to Go

 Mandatory Overtime

• Link to Info to Go

 Meal and Rest Breaks

• Link to Info to Go

 Safe Staffing and the Staffing Law

• https://www.wsna.org/nursing-practice/safe-nurse-staffing/resources

You can go to https://www.wsna.org/resources to find helpful resources on a variety of topics, such as:
  Licensing and new nurse resources
  Education and professional development
  Political / legislative resources
  Membership
  Professional security and liability
 
Bargaining your next WSNA Contract 
It’s time to prepare to bargain your next WSNA contract. You can find important information and updates in WSNA emails and correspondence, on the @sch_wsna and @mywsna Instagrams and on WSNA social media. One question that you may have is, ‘When does my WSNA contract expire?’ Article 20, of your WSNA contract provides the answer for you.

ARTICLE 20-DURATION
This Agreement shall become effective September 5, 2022, and shall remain in full force and effect to and including August 31, 2025, unless changed by mutual consent. Should the Association desire to change, modify or renew the Agreement upon the expiration date, written notice must be given to the Employer at least ninety (90) days prior to the expiration date. Upon receipt of such notice, negotiations shall commence. In the event negotiations do not result in a new Agreement on or before the expiration date, this Agreement shall terminate unless both parties mutually agree to extend the Contract.
Read or download your contract.
 
Opportunities - Get involved and make a difference.
Interested in becoming a Local Unit Rep?

• Reach out to your Local Unit Officers or your WSNA Organizer Zach Seikel at zseikel@wsna.org

 Join your Unit Based Staffing Committee (UBSC)

• Reach out to your Hospital Staffing Committee Co-Chair Kara Yates at kara.e.yates@gmail.com

 Join the SCH Safe Work Environment

• Reach out to Local Unit Officers Samantha Forte at samantha.r.lake@gmail.com or Lindsey Kirsch at lindseykirsch@earthlink.net

 Don’t miss out on upcoming activities and events for the SCH Nurses

• @sch_wsna on Instagram
• @mywsna on Instagram
• https://www.facebook.com/WSNASeattleChildrens

 ADOs – Documentation is important! Please complete your ADOs.
  
Contact your WSNA Local Unit Officers 
https://www.wsna.org/union/seattle-childrens-hospital

If you have any questions or concerns, don’t hesitate to contact your Local Unit Officers or WSNA Nurse Representative, Linda Burbank, at lburbank@wsna.org or via telephone at (206) 575-7979 ext. 3131.