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vacations--per diem employees vs. full-time Delaware

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  • vacations--per diem employees vs. full-time Delaware

    I work as an RN in a surgery center. I am the only full-time employee in the dept. with 5 other per diem employees who get no benefits, but a higher hourly wage. I manage the schedule for the dept. though we "self schedule" for the most part. Three of the per diems have set days they work every week. The issue is the day after Christmas this year. I have taken the week off between Christmas and New Year and my per diem employee who usually works Fridays filled out her schedule and doesn't want to work the day after Christmas either. I told her to fill out a vacation request (the Clinical Director grants vacation) form to submit, but my fear is no one will want to work that day. I know my vacation has already been granted, but can I be forced to work that day since I am the only FTE, or can the per diem employee be forced to work that day since it's her normal day and I put the vacation slip in first? Is this something the state even gets involved in, or does it depend on the employers policy?? Thanks so much, I need to get an answer to her soon!!

  • #2
    Unless there is an enforceable employment contract or CBA to the contrary, yes, if no one else will work it, the employer can require that you work it and rescind your vacation.

    Having said that, though, I would think that the employer would give the full-time employee preference over per-diem nurses when it comes to this issue; they just aren't required to by law.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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