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Discussion

FMLA

I went out on FMLA and I am scheduled to go back in July when I informed my employer that I would be returning she informed me that my job was no longer available and that I would now have to work 8 hours 5 days a week instead of 12 hours three days a week and that i would be transferred to an adult unit from the child unit. Having just had a baby the 5 days a week just don't work for child care especially since it could be any shift. This doesn't seem fair or right to me has this happened to anybody else? Is my employer allowed to do this? The FMLA law states that " the employee is to be restored to the position held by the employee when the leave commenced or to be restored to an equivalent postion with equivalent employment benefits, pay, and other terms and conditions of employment." I don't believe they are putting me an equivalent position and when I asked what position I would be in they said they will have to see where I would fit which to me means they have no idea.

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that does seem kind of lame to me. they are moving you to a completely different floor. nurses have babies all the time and come back to there same jobs. ***

We've had someout out on FMLA seems like forever and there is no end in site for us. our management isn't transferring this nurse.

"As a working mom it is so hard when they mess with your schedule!! Dont they know how hard it is to find good childcare?? "

No doubt it's hard on the working dads as well. Everyone who is employed has personal lifestyle issues that must be worked out to accommodate their working schedule.

I seriously doubt that anyone at OP's place of employment is out to mess with her schedule. Again, I raise the question of how any of us would feel if our unit worked "short" for the duration of a co-worker's maternity leave, just so the co-worker could return to his/her exact same position.

I am grateful for FMLA - I remember when it was implemented and it was a much-needed step for American workers. However....we all have to remember that businesses have to continue running.

"As a working mom it is so hard when they mess with your schedule!! Dont they know how hard it is to find good childcare?? "

No doubt it's hard on the working dads as well. Everyone who is employed has personal lifestyle issues that must be worked out to accommodate their working schedule.

I seriously doubt that anyone at OP's place of employment is out to mess with her schedule. Again, I raise the question of how any of us would feel if our unit worked "short" for the duration of a co-worker's maternity leave, just so the co-worker could return to his/her exact same position.

I am grateful for FMLA - I remember when it was implemented and it was a much-needed step for American workers. However....we all have to remember that businesses have to continue running.

Right,

There is nothing in FMLA that states they must save your old position. Just provide an equivalent.

OP, I don't think you have much of a leg to stand on, they are offering you MORE hours, so any hardship argument is not going to fly....perhaps they will settle for your working 4.5 eight hour shifts?

If there are no 12's available, then there are no 12's available.

I think if the OP makes a big deal out of this, things could become very difficult for her in the work place.

My only advice, would be, decide if you still want to work there...keeping in mind that the job market is VERY tight now...at least where I am....if you do, see if you can tough it out while waiting for the first opening that would be more suitable for you.

THere are a lot of unemployed nurses out there that would JUMP at the position being offered to you, so you may want to be careful how you proceed.

Good Luck.

I don't know for sure, but it's something to think about. When working as a nurse, and you work a specialty, going from working with children to working with adults, that doesn't necessarily seem equivalant to me. It's two completely different fields, which require different skill sets and different knowlege.

  • Experts

To get a legal opinion, you'll have to talk with an attorney.

But as most other experienced posters have said, you don't always get the same job back when you return to work. What is happening to the OP is not uncommon.

Don’t want to be negative here but I am just being realistic. Sometimes when an employee goes on leave, some employers make this a perfect chance to get rid of them by doing something like this when they come back. Given this kind of economy and job market, I would suggest to the OP that she be careful in dealing with this kind of predicament-----unless of course you don’t mind being a stay-at-home mom pretty soon.

I don't know for sure, but it's something to think about. When working as a nurse, and you work a specialty, going from working with children to working with adults, that doesn't necessarily seem equivalant to me. It's two completely different fields, which require different skill sets and different knowlege.

I don't think that will hold up though, unless she has some sort of Pediatric certification.

As professional nurses we are expected to float in most hospitals and have a working knowlege of most of the floors/specialities.

I worked PICU for years, yet I was expected to float and did float to Peds, NICU, Mother/Baby, Med/Surg, Tele and ER.

I wasn't crazy about it, but after the first few shifts, I adapted and was certainly competent.

We don't come out of school with a speciality. Just a set of letters behind our name. We can not usually dictate where we want to work as a new nurse, so I think the hospital is not out of line with having her work another area.

Again, I would try to make a go of it, put in for the first transfer and for the first available 12 hour shift. This will show them you are a team player and they are more likely to honor your request as soon as the time comes.

I think making too much of a fuss can only lead to a poor outcome. As a previous poster said, this can lead to the facility using this incident to terminate you.

Just don't act in haste.

s

Doesn't hurt to check with the labor dept or a lawyer.

IMO this is one of the problems in nursing...don't rock the boat, suck it up until something better comes along, etc...

Sure, make sure the nursing market isn't in the crapper where you live, but there is nothing wrong with looking at your options before throwing in the towel.

I agree with "kids" Five 8 hour shifts is not the same as 3 12 hour shifts., it's an increase in both days and hours per pay period and is not the same terms and conditions under which you worked prior to going out on FMLA. So what it they are both "full time" they aren't equivalent positions.

Don't mention the baby when requesting the same shifts back, whether or not thats the real reason. :) Those of us without small children really hate hearing it. Our days are as important to us as yours are.

Heck, in the OR we rarely get a replacement for someone out on FMLA unless we are already very short and we can get a traveler.

Good luck!!!!

"Don't mention the baby when requesting the same shifts back, whether or not thats the real reason."

That's a great point, for more than one reason. OP mentioned childcare being more difficult to find with the new 8-5 position. Maybe childcare has changed, but when it was an issue for me, traditional 8-hour childcare was much easier to find than 12-hour shifts. Plus it's been my experience that new mothers would rather be away from their infants for 8 hours than 12 hours, especially if they're continuing to nurse. So those 8 hour shifts might be very attractive to another nurse.

child care should never ever be brought up. It's one of the federal "no, no's" Honestly, you can fight for a job at a facility that couldn't care less about you and your position, or look elsewhere. The facility is working well with in their rights and your unit looks like they are done with you and you've been replaced.

Yes is legal, yes my words are harsh, only for you to stop feeling angry and see the writing on the wall. A unit such as this, is not one that will nurture you.

I strongly suggest you look at those options available to you and know that what was "done" to you was dirty and not nice, it's legal... and you don't want to be there:devil:

do what you have to for now, never burn a bridge and keep your options open. I really wish the best for you, but this is legit... swallow it, learn and grow. smooch. I'm sorry they did this to you.

If you are out on FMLA for a extended period of time, they do not have to hold your shift and pass. Do you have a union? They only have to give you the same job title that you had when you left. Sorry, but it isnt fair.

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