Can they do this?

[rn4babies63]

I have worked a second job at a casual position for 4 years. Our minimum requirement for casual status is 16 hours in a block of time (4 weeks) and 8 hours of call. I have always done at least that amount plus worked many extra hours when they called me desperate for extra help (I work another full-job). I recently found out that I have to have surgery and will be off approximately 4 weeks. I was told that I will be terminated because I won't be able to meet the min. requirements in that 4 week time period. I have worked so much extra for them this summer, sometimes working 7 days a week. Is this discrimination? While I realize that casual employees have no rights or benefits, I feel that I am being punished for suddenly having a medical issue. BTW, I have never called off in the 4 years I've worked for them either. 6 months of that was full-time. Do I have any recourse?

[TheCommuter, BSN, RN]

If you are a PRN/per diem/casual employee who does not work any hours in a specified time frame, it is perfectly legal for your employment to auto-terminate. An auto-termination does not necessarily count against your employment record. If they are not willing to hold the position, you could always apply and be rehired after you recover from the surgery. Good luck to you!

[vanburbian]

Would FMLA apply to a per diem position? At least check with HR.

[Been there,done that, ASN, RN]

Yes, watch them bleed out after they shoot themselves in the foot.

I would approach the manager, get a medical leave of absence. All workers are entitled to that.

They would be lucky if you came back.

[roser13, ASN, RN]

I will beg to differ from the last 2 opinions. As a PRN employee, you will have no recourse. If while on restrictions from surgery you cannot fulfil the minimum required hours for PRN status, you can certainly be terminated.

Just as the employer had no claim on your time other than the minimum required, you cannot claim any benefit or obligation from them when you cannot perform the minimum required.

[Sugarcoma, RN]

I cannot believe they are not trying to accommodate you based on your record. Definitely short sighted if they terminate you, they would be lucky to find another person with your work ethic.

[rn4babies63]

Would FMLA apply to a per diem position? At least check with HR.

They tell me no it does not. Casuals have no perks whatsoever. We don't even get premium pay. They just terminated another casual RN because she had surgery as well.

[caliotter3]

It is foolish for them to treat you this way, but they certainly may do so if it is their policy. You should reevaluate whether you wish to continue employment with any organization that treats their loyal employees this way.

[ckh23, BSN, RN]

If they treat you like this after you bend over backwards for them, why would you want to keep working for them? They clearly don't value you as an employee that helps them out when they are desperate.

[merlee]

Is this a rolling 4 weeks or a calendar 4 weeks? Please check on this again.

Best wishes, and take care!

[llg, PhD, RN]

I think people are making too much of this. As a casual employee, the OP has chosen to work in a position without the rights that budgeted employees have. The HAVE to terminate her in order to be consistent. They can't treat the OP one way ... and other people (lousy employees) in similar situations another.

However... after the OP has recovered ...they can hire her back. But by automatically terminating people in such circumstances, they can get rid of the bad ones and re-hire the good ones.

They would be foolish to handle it any other way.

[evolvingrn, BSN, RN]

Why would they want to deplete their pool? makes no sense at all......