Discrimination for being a new mom?

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  1. I should:

    • 17
      Talk to your manager first
    • 3
      Go to HR
    • 33
      Suck it up

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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.

Specializes in NICU, ICU, PICU, Academia.
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.

You really SHOULD read the other posts, because this position was filled WHILE THE OP WAS ON FMLA. She wasn't there. No one discriminated against her.

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Specializes in Specializes in L/D, newborn, GYN, LTC, Dialysis.

OP: are you there?

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Luckily in the UK, hospitals have to advertise all jobs and those on maternity leave who fulfil the criteria are also informed of the vacancy by post or e-mail. If the person applies and is successful the post is held for them for when they return to duty and if necessary an 'acting' post can be used temporarily.

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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.

It is my personal belief that this was not a case of favoritism, nepotism, or discrimination. However, even if it was favoritism--even if it truly was not fair and should not have happened--the question remains: is it worth fighting over this? If the OP's work environment is relatively peaceful right now, is it worth potentially starting drama that will make the manager dislike the OP? I think that even if this was unjust favoritism, there's no way to prove it, efforts toward making it fair will be fruitless (because no wrong was done), and the manager will probably be less likely to acquiesce to OP's future requests.

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Specializes in OR, Nursing Professional Development.
OP: are you there?

OP hasn't logged in since Post #6.

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Specializes in Specializes in L/D, newborn, GYN, LTC, Dialysis.

I am afraid the majority did not just jump on the bandwagon and tell her to go ahead and involve HR and lodge her complaint. She has no complaint; that is why. I am sure it's not what she wanted to hear.

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Specializes in Specializes in L/D, newborn, GYN, LTC, Dialysis.
Luckily in the UK, hospitals have to advertise all jobs and those on maternity leave who fulfil the criteria are also informed of the vacancy by post or e-mail. If the person applies and is successful the post is held for them for when they return to duty and if necessary an 'acting' post can be used temporarily.

That's great. I understand the UK also has a much better maternity leave/family leave for employees too. Unfortunately, it's different in the States. A lot of us have had kids and our careers were put on the back burner for it. It's a choice each of us make consciously, however, where we are at.

If I were this mama, and I knew I wanted a day shift that badly, I would have checked in time to time and applied if/when it came up. If the favoritism is that strong, then I would be compelled to move onto another unit or go PRN if I could afford it, (which is what I had to do).

But that is just me.

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Maternity leave can be for up to a year, with no loss of point on the pay-scale when returning. All maternity and special leave is on a national basis rather than individual hospital setting the conditions in the public sector (National health Service) The private sector in the UK is very very small compared to the public sector but even they follow national pay-scale. Anybody on maternity leave has their job protected and can return to the post they had unless there has been a department closed for whatever reason they would be re-deployed elsewhere, Anybody who comes back and wants to work part time is paid pro-rata.

Pay and conditions are actually nationally set and are mandatory for all NHS hospitals, but increment pay increases are performance related but are rarely declined on appraisal. Other conditions are that bank holiday pay of which there are ten a year are payed at time and a third same as night duty and Sundays at time and two thirds and after five years annual leave of five weeks plus ten public days. Overtime can be paid by hospitals and is only employed on a strictly voluntary basis. If you work during whilst on annual leave you are paid double time. During the H1N1 outbreak some years ago, as an ECMO specialist, I as part of a team in one month worked approx 170 hours and was supposed to be on holiday at the time and with all the overtime received approx £7500 for that month before tax pension and national insurance (about $ 11,500) The other advantage there only really two main unions for nurses and these are involved in the negotiations over pay. Our other advantage we only have one national registration body for the whole country.

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Request dayshift as soon as it is available in writing. Do it via email and send it to your unit manager and cc HR. Then if someone else gets it before you, you can prove they knew you wanted it.

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Specializes in Specializes in L/D, newborn, GYN, LTC, Dialysis.
Maternity leave can be for up to a year, with no loss of point on the pay-scale when returning. All maternity and special leave is on a national basis rather than individual hospital setting the conditions in the public sector (National health Service) The private sector in the UK is very very small compared to the public sector but even they follow national pay-scale. Anybody on maternity leave has their job protected and can return to the post they had unless there has been a department closed for whatever reason they would be re-deployed elsewhere, Anybody who comes back and wants to work part time is paid pro-rata.

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That is wonderful; I think maternity/family leaves here in the US are way too short. I think women/babies would benefit much more by the mom being home to care for her newborn at least a year. 6 weeks is not near enough time to really get the new family off to a good start, which is pretty average time here in the US. We are just not set up for it; too many places don't have the means in place to hold jobs for a year or greater and if women decide to have 2 or 3 or more kids we are talking years out of work, still expecting to come back. Too many people are looking for work so the employers have the upper hand here and the laws, such as they are, back the employers, even if it's unfair.

Many of us were forced to quit, cut back to PRN or go part time in order to be able to spend that time with our new babies, that others get to do, paid as if working full time. (in other countries like the UK) I would have loved to be able to do that when I had my kids. In that, the US is behind many other nations in family leave matters.

You mentioned coming back to the same job after maternity leave. (I bolded that part). Herein is the crux of the matter: The OP got to do that. She got her equal position and pay when she returned which is all her employer really owed her, maternity-wise. Now was someone else getting to come to dayshift sooner who had less seniority, fair? I don't think so, but it's not a discrimination case or suit. Also others have mentioned a greater concern for this unit. General lack of seniority or experience. That tells me a lot right there.

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I did forget to add, you can go off have a baby and come back and then go off again and have another and you get another 12 maternity leave. That does happen fairly often and another thing is that men in the NHS can have paternity leave when the child is born of upto 10 days duration. As I said we have the advantage it's a national system and nationally bargained and agreed conditions, so all NHS hospitals are the same.

Your last two a entendres say it all, would you want to work there?

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Favoritism is a form of not discrimination? I have asked for day shift last year. There was no job posting because it was done discreetly within the unit.

I think the key here is "LAST YEAR" you asked. Things change, and you yourself had a huge change with the pregnancy/child. Managers aren't mind readers, in fact my own NM is so out of touch with reality and what her staff's needs and wants are. Especially the night staff. We are out of sight out of mind. Sigh.

Many moms prefer night shifts due to childcare. Maybe it was assumed you couldn't do days.

Communicate with management that you want days, that way next time you'll be first in line. Best of luck, and congrats on the baby.

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