Terminated? Do I get paid for unused paid time off?

[GooeyRN]

I was working med/surg in a CAH hospital until October when I had a baby. I was not eligible for FMLA. (I did not meet the requirements) No one ever said to me how much time I was allowed off, etc. In January (I was off about 6 weeks at this time) I was called and told they were having some staffing problems they "heard" that I was wanting to come back at this time. Its a small community, and rumors do fly. However I was not ready to go back at this time and stated so. This seemed to be fine with my DON. She said call her when I was ready. Fast forward to this past Saturday, I received a letter in THE MAIL stating that my active employment for XXXXXX-XXXXXX has been terminated due to me not returning to work following maternity leave. It said that they would happily accept my application if they had any positions available. So here are my questions.

Was I fired? Do I have to say I was terminated to future employers? Now I do not plan on returning to this hospital. For this and other reasons. Do I have to check the box "yes" to being terminated on applications elsewhere? I have had no write ups at this hospital. Will my termination effect my chances of gaining employment elsewhere?

And, I had some paid time off left that I did not use. I assume I can not ask to be reimbursed for the sick time (or can I since I was briefly hospitalized during the birthing process) but am I entitled to my vacation and holiday time that I did not take prior to my leave? I was not sent a check for it, but sure could use the cash. (who couldn't?) And how do I go about getting this $ nicely, as I do not wish to burn any bridges.

Thanks in advance to all who can advise!

[MiaKeaRN]

I'm not a nurse (still a student), but with my current employer if you didn't come back to work after 6-12 weeks (lady partsl or c-section, or FMLA) it would be assumed that you were not coming back at all. The typical maternity leave is the same for everyone and if one chooses to make changes to that leave, then it is up to them to let HR know their intentions. If HR feels that they can hold your position, they will do their best to work with you......but, they do not have to do this. This isn't just for maternity leave, it is for any type of leave.....if you don't contact them with the reason why you won't be coming back, it's assumed you're no longer interested in working for the company.

[GooeyRN, ADN, BSN, CNA, LPN, RN]

Thanks for everyones concern. I did go back there to work for a year. I am currently on maternity leave again. :chuckle I have been off 3.5 months and did let my supervisor know my plans (sort of) this time. I told them I would like to come back when baby learns to take a bottle whick I don't see happening anytime soon.

[FireStarterRN, BSN, RN]

Hi Gooey, Based on your post 20, I have no doubt you will NOT be given this money. If it is a small town hospital, they KNOW they have a monopoly. If you have no union, then you are basically without recourse.

To HR you are merely a pawn on the chessboard of his/her career. Their ethical compass is based on maximizing profits and squeezing as much profit out of each employee as possible.

[justme1972]

Technically, yes, you were fired and you need to be scrambling around and finding out exactly what day they are going to consider your last day of employment.

The reason this is important, is if they make it retroactive back to your last day worked, that can negate any payments made via your health insurance (if you carried it through your work).

I had this happen to a friend of mine. She never returned back after maternity leave and that left her with $27,000 in unpaid medical benefits b/c she had the baby 2 weeks after her last day of work.

Remmeber, your employer only has to protect your job as far as short-term disability (b/c that is what pregnancy is considered).

When you took additional days past your 6 week maternity leave, you were no longer eligible for job protection...THAT is where the FMLA took over.

It's not fair, it's not right, but they can do it.

The problem is, they should have told you that failure to come back after your six weeks would result in your termination....THAT is what stinks about it. If you know that, you may have elected to come back.

[GooeyRN, ADN, BSN, CNA, LPN, RN]

Hi Gooey, Based on your post 20, I have no doubt you will NOT be given this money. If it is a small town hospital, they KNOW they have a monopoly. If you have no union, then you are basically without recourse.

To HR you are merely a pawn on the chessboard of his/her career. Their ethical compass is based on maximizing profits and squeezing as much profit out of each employee as possible.

Your pretty much said everything about the place.

[towntalker]

i believe that you are entitled to sick pay and pto also

definitely the pto

you should have applied for sick pay as soon as you could following childbirth, most places do this automatically but definitely follow through

pto how is this accrued, is this time given in lier of overtime? is this vacation or holiday time that you have not taken?

i don't see why there would be a question about this, it is your money and i would take them to small claims court if i had to

[P_RN, ADN, RN]

You know I believe I'd call me an attorney. Something does not smell right about your rotten deal. A lot of lawyers will give a free first consult.

[Atheos]

OOPS! Very old thread...

[THAT Nurse., MSN, RN, APRN]

While an old thread, someone on this forum linked me to a list of laws about states regarding PTO after the end of employment.

In my state (TN) employers are REQUIRED to give you all your unused PTO, but not sick leave (they are not the same!).

[GooeyRN, ADN, BSN, CNA, LPN, RN]

That is what I believe it is in PA as well. I just did not get the sick time, but was given the vacation time. I should have called off sick when I did not feel well, or used it early in my maternity leave. Live and learn.