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I'm a new RN mommy who is expecting to return to work from my FMLA and I need advice. I recently saw my upcoming work schedule and I noticed that another nurse with less seniority than me was changed to days.. there's 10 nurses on day shift and 8 at night on our unit-so my manager can't say there's a shortage during a time I was unavailable-our company policy also states that nurses do not lose seniority when they are on approved leave. It may be worth it to mention that I always felt the nurse that switched was always a favorite-they are always texting and praising each other on social media... Should I talk to my manager about this? Or Do I have a valid complaint to HR to ask for a transfer?
I have asked about being changed to day shift even during my pregnancy and my manager simply said "I don't have enough experienced night nurses since I hired a bunch of new grads, so you can't switch"- I figured at least she knew after that conversation that I wanted To switch. I was 2nd in line in terms of seniority and the nurse before me had no interest, so I should be next (the nurse she switched was after me(. At the time, I was kind of flattered she considered me "experienced" since I have been with the company about 6 months as a new grad" However, she went on to hire 3 new grads for day shift on our unit...
I felt discriminated for being pregnant and now I feel discriminated for being a new mom. I am uncomfortable talking to my manager about this. She seems to be very close to the RN she chose to switch to days instead of me. I am afraid of retaliation. I feel hopeless and am even considering leaving the company because I am so miserable on my unit. If I complain where and how do I start? Any advice is appreciated.
At my hospital(union) they have to post positions for a certain number of days. Whoever wants to apply does so and then it is given to the most senior person. There is no obligation by management to call all the staff that ever said they wanted to switch to day shift. It would be nice if he did but not required. Someone I know is looking for a certain type of position (day shift, no weekend, anywhere in the organization) she frequents the online job board several times a week looking for new postings. I'm sorry this didn't work out for you. I'd have a professional discussion with my manager again about wanting to switch and ask how you can become aware of any openings going forward.
If you already don't like your floor, I wouldn't waste time pursuing this. I don't think you have clear proof of discrimination. If what you really want is days, apply for a day shift position elsewhere. If your current job scrambles to keep you, then you have days. If they ask why you're leaving, you can say you were offered day shift somewhere else and it was a dealbreaker for you.
The Family and Medical Leave Act - Wage and Hour Division (WHD) - U.S. Department of Labor
FMLA guarantees that you can return to your original or equivalent job. So you would have a job to return to, but there's no guarantee that you'd get your original position back. It also does not mean they have to hold a plum vacant position for you to apply to upon your return, or to notify you about said vacancy, or to give you priority for said vacancy because you have children (and I have two kids myself, so don't think I am unsympathetic). And while seniority can give a nurse priority for an internal transfer, it does not guarantee that you will get that transfer--it's just one factor they have to consider.
The fact is that you were NOT discriminated against. What happened may not feel like it is fair, but it's perfectly legal.
You could consider talking to an attorney versed in employment law, but to be honest, I don't think it'll make a difference. If you have a union, you could talk to your steward as well, but the fact is that you were on FMLA leave, and they had needs to fill that couldn't wait for your return. So I don't think much will come of doing that as well.
Sorry this isn't what you wanted to hear.
I think your problem is entitlement if that's how you feel. As the other posters have said, you weren't around when the job became available and yet you are comfortable enough to conclude discrimination and favouritism etc. I would enjoy that naivete' whilst you still have it and the joy of motherhood.
You were off work and not around to apply for the position, the other nurse was around, applied and got the position. There is no discrimination here only a matter of personal priorities and lack of due diligence and perservance on your part. The world does not stop or change shape because you had a child.
I haven't read all the posts, so forgive me if I repeat what someone else has said. I think this sounds a great deal like an example of favoritism for the manager's friend. It happens a lot! It is a form of nepotism that is very hard to control, as it can be disguised with many different excuses. I'm sorry it happened to you, but I'm not sure if HR would help. If you do go to them, you can expect hostility from your manager, even if you are told "there will be no repercussions"; at least that's been my experience.
Workitinurfava, BSN, RN
1,160 Posts
Sounds like she just doesn't like you enough to give you the schedule you want. It happens, is it fair?, no but it is just the way it goes. This is why a lot of RN's postpone having children (sometimes don't have any at all) and their relationships can be hard to balance (sometimes they end up divorced, or end up being single). It is hard to have a new baby, marriage and work nights. It is a sacrifice...