FMLA

AnnemRN · Mar 12, 2010

Your set hours shouldn't change. The employer only needs to work around the time you need off. You should speak with your employer first.

If you still feel that you're being treated unfairly then contact the DOL.

http://www.dol.gov/whd/fmla/index.htm

Zookeeper3 · Mar 12, 2010

After speaking with your manager, consider the help of human resources, each should have some sort of FMLA specialist. If you were hired for either full or part time, they are required to offer you the same amount of hours.

HouTx, BSN, MSN, EdD · Mar 12, 2010

I see we have various interpretations here - and really, your HR department should be able to clear it up for you. However - after various management training sessions & dealing with instances of FMLA - here is what I have been taught.

The organization does not have to hold your exact position. They have to make a 'good faith effort' to bring you back in to a comparable position if it is available. If there are not enough shifts available on your old unit, maybe you could pick up some extras in another area of the hospital? Hopefully you will be 'next in line' for a full time position when it becomes available.

AnnemRN · Mar 12, 2010

I took an intermittent FMLA to care for a family member. I returned to work last week, I am not on the new schedule for my regular amount of hours. I only had one day scheduled and I picked up one more day. However my employer is unable to give me a set schedule like I had prior. Does the law protect me? Does my employer need to provide me with as many hours as I was getting? I will still need days off but if I have my set schedule back I would be able to work around it but so far they are avoiding giving me a set schedule with enough hours.
The dilema? Not only do I now care for my dying mother but I am not getting enough $$$ to pay my bills. I want to work while I can work. Thanks for any advice

Your hours should not change. If you were hired to work 32 hours a week (or whatever) that should not change because you went on intermittent leave.

I do agree you should speak with the HR dept, but if you're not still not satisfied you should contact the DOL. It wouldn't hurt for you to run your questions through the DOL. I gave the link as a resource, not necessarily for you to file an immediate complaint.

allnurses Guide · Mar 12, 2010

How long were you off?? I am off right now for the same reason, and our leave specialist told me you can only have "intermittent" FML if it's for less than 3 days duration. They should give you your hours back.

mrsbiggy · Mar 13, 2010

My HR guy says his hands are tied. The administrator doesn't care. I was only off for a week, thought I would be off longer dledue to a crises situation but now things have calmed down and if they woould give me my set schedule I could actually work around it. So far almost 2 weeks I have been back with no set schedule which makes it very difficult to have family come out and stay with my mom when I have no idea when I will work next. Thanks for all your suggestions. :)

RNMLIS · Mar 13, 2010

From what I know - Your job should be protected for 12 weeks of FMLA - After 12 weeks They are not required to hold your job.

How long have you worked before FMLA (12 months?)

HR does not what to have trouble with federal laws!!!

What state are you in

I am not sure if that matters..

I have asked questions at www.laborlaw.com

They have been helpful

As mentioned above check the department of Labor website www.DOL.gov

Do a google search for FMLA

I have searched alot of HR/legal/employment law websites for my FMLA/Disability/COBRA/UI issues/Wage and Hour issues

They will try to get away with as much as they can counting on 'our' lack of knowledge of the LAW

Good Luck and take care of your self - Sounds like you have a lot on your plate.

KMRNOCN · Mar 13, 2010

Check with your hospitals policy. At our facility you have had to have worked x amount of hours in 12 months to qualify for FMLA protection. It's a federal program so you could check your state's policy. Were you hired for a specific amount of hours a week or a per diem type position with no guaranteed hours? I have FMLA to take care of a family member. I also use it to cover hours needed to attend his physician appts., etc. I only requested it because our facility has a very strict attendance policy and I can schedule my needs and not leave the department short handed. Now, many in our facility get FMLA from not so reputable physicians so they can call of when ever they want, no questions asked. Gives the whole program a bad taste. I don't like even putting in a request for it when I need it. Sorry your going through this and remember to take care of yourself.

cherrybreeze, ADN, RN · Mar 13, 2010

Usually it's after several months (9?) that they don't have to keep your position. Being off a week should not affect the number of hours you work now. How ridiculous.

HOWEVER, if they were providing you with a "set" schedule for the number of hours you worked, that, to me, was a courtesy. If they are not required to provide a set schedule, but did so of their own choice/your request, they can stop doing it at any time. The only thing they're required to do is give you the number of hours you were hired for.

Jolie, BSN · Mar 13, 2010

Is your employer large enough to have to comply with FMLA?

Have you worked in a benefits-eligible position for at least 12 months, which is the usual requirement to qualify for FMLA?

Did you follow your employer's policy for filling out paperwork to apply for FMLA, including a health care provider's statement estimating the amount of time you needed off?

Did you notify your employer in advance of your intent to return to work (as required by law)? Many people don't realize they have to do this.

Are you really taking intermittant leave (a shortened work day or occasional days off) or did you request a set number of consecutive days off (which is not intermittant leave)?

I think your confusion stems from a lack of understanding of FMLA and your employer's policy regarding it. It is always important to get this information upon hire and know how to enact FMLA, because trying to do so during a family crisis almost always leads to misunderstandings and upset.

If your employer is large enough to have to comply with FMLA, then they must extend it to benefits-eligible employees with 1 year or more seniority to care for themselves or an immediate family member. You must file paperwork completed by a healthcare provider estimating the amount of conecutive leave time needed, or a plan for intermittant leave time if you need a shortened workday or occasional days off. You must notify your employer 2 weeks in advance of your intent to return to work at the conclusion of your leave. This allows your employer time to adjust staffing and not cancel other staff members who have agreed to work your hours. If you did not give advanced notice of your intent to return to work, that may explain your lack of hours.

Finally, you must return to work in a benefits-eligible position for a minimum amount of time (I think it is at least 6 months) or your employer can bill you for the cost of providing benefits during your leave.

Please make an appointment with HR to get this settled. You've got enough stress. Take care.

AnnemRN · Mar 13, 2010

They will try to get away with as much as they can counting on 'our' lack of knowledge of the LAW

I cannot agree with you more and I know this first hand.

I worked very closely with the HR dept. as an Occupational health nurse who had many employees off on FMLA leave. Many times I was amazed by HR's lack of knowledge about FMLA or their just wanting to play games with the employees. That's a big reason why I added the DOL link, it's better to go through them for the most accurate information.