Rn hurt by cold behavior

Nurses General Nursing

Published

hi

I have been in nursing for 3 yrs with Bsn 3.5 GPA, also enrolled in fnp program. Recently I got terminated from job bcoz I refused to resign. I haven't done any errors on floors but had to take leave as my mom met with brutal accident , hit by car while crossing rd. she is disabled for life, is fully vent dependant and cannot speak and lies eyes opened.i had to go back and forth From one city to another to see and follow up on doctors reg my mom. I am only child.

My supervisors started giving me warnings knowing well I don't go to see my mom . I am doing this by taking my own personal and sick hrs etc. supervisor started finding fault with me even though coming to job was some change for me sometime. slowly they started showing me that I need to resign and I did not bcoz finding job is not easy. I cannot go for FMLA as I do not qualify.

I have started hating nursing politics and mgmt because things can happen with anybody. I am sad, moral is down and feel like would I be able to go on floor again with so much cold behavior.

I don't know what to do :crying2:

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
Not everyone qualifies for FMLA coverage; there are specific criteria that must be met:

(From the same website you quoted above: )

EMPLOYEE ELIGIBILITY

To be eligible for FMLA benefits, an employee must:

- work for a covered employer;

- have worked for the employer for a total of 12 months;

- have worked at least 1,250 hours over the previous 12 months; and

- work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.

While the 12 months of employment need not be consecutive, employment periods prior to a break in service of seven years or more need not be counted unless the break is occasioned by the employee's fulfillment of his or her National Guard or Reserve military obligation (as protected under the Uniformed Services Employment and Reemployment Rights Act (USERRA)), or a written agreement, including a collective bargaining agreement, exists concerning the employer's intention to rehire the employee after the break in service. See "FMLA Special Rules for Returning Reservists."

There are also specific criteria for which employers are required to offer FMLA to employees; not all employers are.

I am perfectly aware of the FMLA requirement but maybe the OP isn't ...that's why I gave her the link.....:cool:

Specializes in Critical Care.

Why don't you qualify for FMLA? IS it because you work part-time (less than 1,000 hrs a year) or because you were a new employee (less than a year)?

Regardless, collect your unemployment for now and spend the time with your mom! You can always check with the EEOC to find if you have a case for being fired illegally. Even if you don't want your job back you could still possibly get a settlement that would help with expenses. Also consider an attorney.

My understanding with FMLA is you can use it ongoing or intermittent and it starts with federal. If you exhaust the federal 12 weeks you can also use whatever FLMA your state might offer, which would amount in a possible extension of your FMLA.

Specializes in Oncology; medical specialty website.
Why don't you qualify for FMLA? IS it because you work part-time (less than 1,000 hrs a year) or because you were a new employee (less than a year)?

Regardless, collect your unemployment for now and spend the time with your mom! You can always check with the EEOC to find if you have a case for being fired illegally. Even if you don't want your job back you could still possibly get a settlement that would help with expenses. Also consider an attorney.

My understanding with FMLA is you can use it ongoing or intermittent and it starts with federal. If you exhaust the federal 12 weeks you can also use whatever FLMA your state might offer, which would amount in a possible extension of your FMLA.

I have never heard of a state extension of FMLA. Do you have a link for that? Isn't that kind of at odds with itself? A federal program being extended by the state?

I am perfectly aware of the FMLA requirement but maybe the OP isn't ...that's why I gave her the link.....:cool:

I apologize, then, for misinterpreting your original post -- it sounded (to me) like you were saying that the OP definitely qualified for FMLA (without any of us knowing the specific circumstances of her employment) and it would be illegal for her employer to refuse to give it to her.

Specializes in Emergency & Trauma/Adult ICU.
Why don't you qualify for FMLA? IS it because you work part-time (less than 1,000 hrs a year) or because you were a new employee (less than a year)?

Regardless, collect your unemployment for now and spend the time with your mom! You can always check with the EEOC to find if you have a case for being fired illegally. Even if you don't want your job back you could still possibly get a settlement that would help with expenses. Also consider an attorney.

My understanding with FMLA is you can use it ongoing or intermittent and it starts with federal. If you exhaust the federal 12 weeks you can also use whatever FLMA your state might offer, which would amount in a possible extension of your FMLA.

FMLA is a federal program, not one offered by individual states. You might want to be aware of the basics of FMLA, just in case you ever find yourself in a situation where it may be helpful. Esme12's link is a great starting point.

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
I apologize, then, for misinterpreting your original post -- it sounded (to me) like you were saying that the OP definitely qualified for FMLA (without any of us knowing the specific circumstances of her employment) and it would be illegal for her employer to refuse to give it to her.

No problem...:D...apology accepted.;)

It's soooo hard to answer some of these threads when talking about government regulations/requirements when you have to consider federal/state and policy all at the same time AND not knowing the full circumstances. I try to include some of the if's, and, or but's (which is an impossible task) and sometimes I just get lazy and post links to allow people to look it up themselves.......and sometimes I think people should take more initiative and be aware of the regulations that affect their practice and their Lives. But I want to give them the tools to fight for themselves because over the years I feel obligated to let the cat out of the bag that hospitals are filled with cruel intentions and will sell their own mothers if it would save a dollar.....Peace.:heartbeat

Specializes in Critical Care.
FMLA is a federal program, not one offered by individual states. You might want to be aware of the basics of FMLA, just in case you ever find yourself in a situation where it may be helpful. Esme12's link is a great starting point.

Many states had family leave acts in place before it became a federal law. The individual states acts may be better or worse than the federal law. My understanding is that the state leave piggybacks onto the federal leave, potentially giving you more time off in an emergency. A coworker in WI said this was the case for her!

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