Nurse terminated after having baby

[hokiern]

I am an Operating Room Nurse and I was recently terminated via e-mail after having a baby (July 20). I do not qualify for FMLA because I have not worked 1250 hours in the past year; however I have worked in this department for 4 years. The reason I do not have 1250 hours is because my son died tragically last year and I was off from January - July while he was an inpatient at Johns Hopkins Hospital. During this time I would try to come in and work when I could. I was not put on the schedule for these 6 months, but would call up and offer assistance when I could come in and work. I expressed my deep gratitude to my boss and upon returning worked in another department to help them out, and worked whatever and whenever they needed. I believe under this time I was protected under FMLA.

I was told about a month before I was to have the baby that I may be terminated. I had no idea I would be terminated, and had never been told before about the 1250 hours rule. My boss told me to either resign or they would terminate me because of the FMLA rule.

I have never been late to work, missed a day at work and got a perfect review three weeks before I had the baby. I have followed all guidelines, and trained half of our employees. I have started programs and done volunteer work at this hospital by having blood drives for our patients. I am a "PRN" employee which means I do not get benefits, but get a higher hourly salary. I have always followed the PRN guidelines. After I asked my boss if I could come back to work (after only 8 weeks off with the baby) they told me they were terminating me, and I could reapply to the same position as a "Part -time" employee. As a part time employee I would make at least $7-$8 an hour less. I was told not to clean my locker out, and to reapply for my position, therefore making less money. The department specific guidelines state they will terminate you after you have not worked for 12 weeks. I work as a nurse, and there is a shortage in my department by 25%. Can they do this? Do I have any rights? Bottom line if I had never had a baby, I would never have been terminated. I don't have any interest in a lawsuit. I just want my job back as a PRN employee, I work because I love taking care of sick patients. Can anyone please help me or give me guidance as to what my options are?

[sirI, MSN, APRN, NP]

I am an Operating Room Nurse, and I was recently terminated via e-mail after having a baby (July 20). I do not qualify for FMLA because I have not worked 1250 hours in the past year; however I have worked in this department for 4 years. The reason I do not have 1250 hours is because my son died tragically last year and I was off from January - July while he was an inpatient at Johns Hopkins Hospital. During this time I would try to come in and work when I could. I was not put on the schedule for these 6 months, but would call up and offer assistance when I could come in and work. I expressed my deep gratitude to my boss and upon returning worked in another department to help them out, and worked whatever and whenever they needed. I believe under this time I was protected under FMLA.

I was told about a month before I was to have the baby that I may be terminated. I had no idea I would be terminated, and had never been told before about the 1250 hours rule. My boss told me to either resign or they would terminate me because of the FMLA rule.

I have never been late to work, missed a day at work and got a perfect review three weeks before I had the baby. I have followed all guidelines, and trained half of our employees. I have started programs and done volunteer work at this hospital having blood drives for pts.. I am a "PRN" employee which means I do not get benefits, but get a higher hourly salary. I have always followed the PRN guidelines. After I asked my boss if I could come back to work (after only 8 weeks off with the baby) they told me they were terminating me, and I could reapply to the same position as a "Part -time" employee. As a part time employee I would make at least $7-$8 an hour less. I was told not to clean my locker out, and to reapply for my position, therefore making less money. The department specific guidelines state they will terminate you after you have not worked for 12 weeks. I work as a nurse, and there is a shortage in my department by 25%. Can they do this? Do I have any rights? Bottom line if I had never had a baby, I would never have been terminated. I don't have any interest in a lawsuit. I just want my job back as a PRN employee, I work because I love taking care of sick patients. Can you please help me or give me guidance as to what my options are?

Thank you,

Paige

Hello, Paige,

It is against Federal Law to discriminate according to ones sex. This falls under the federal Equal Employment Opportunity Commission (EEOC) and includes "pregnancy discrimination". Basically it means:

"Subjected to less than favorable treatment because the person is a boy/girl/man/woman/pregnant/expecting/have children/on paternitiy leave/married/single........"

You must be paid equally for equal work as well.....this may apply to you and it may not.

Sounds like discrimination to me. It is up to you how you want this to play out.

I am sorry. Good luck.

[Jolie, BSN]

I am sorry for your situation. My best advice would be to contact a labor attorney who is familiar with your state's laws and request a consultation.

If you work in a "right to work" state, you may be terminated without notice for virtually any reason, unrelated to certain "protected" status, such as race, gender, religion, disability, etc.

Of course your employer is not going to admit that they fired you for your gender or pregnancy. You would have to prove that your dismissal was in violation of a "protected" status, and NOT the result of long-term absenteeism, as they will claim.

It is a shame that they would play such games with a long-term employee. It speaks volumes about their lack of regard for their professional staff!

I am sorry that you were not familiar with the FMLA. Unfortunately, many employees are unaware that they do not qualify for protection under FMLA. It has been awhile since I've dealt with HR issues, but if memory serves me, you must have worked a minimum of 1000 hours in the previous 12 months and hold a benefits-eligible position to qualify. There are also exceptions allowed for small employers, so those working for small agencies that employ less than 50-75 people may not qualify either.

Best of luck to you.

[austin heart, BSN, RN]

I am sorry for your situation.....

As far as the January to July hiatus you think being covered under FMLA, you would have to had to fill out paperwork requesting the period be cover under FMLA beforehand and then be approved. You have to have statements from your MD or in your case your son's MD. There is alot of paper work in involved. And your position is only covered under FMLA for 12 weeks, after that the company can replace you if they choose.

Also the 1250 hours required to be eligible do not have to be worked in a one year period. An eligible employee must be employed with the company for at least 12 months and have worked a total of at least 1250 hours.

Here is a site that explains FMLA: FMLA Eligibility and Benefits

You also have to look at your employee handbook. In most hospitals PRN employees do not have the same benefits as their full/part time co-workers though you are eligible for FMLA if you meet criteria. A PRN employee is elagable for FMLA, you do not have to hols a position with benfits. Another thing to consider is what state you live in. Here in Texas we are an "at will" state and you can be terminated according to the information you supplied.

Once again I am sorry for your situation and I hope that things will work out for you. I know how hard having a new baby is much less loosing your job too.

[twotrees2]

i know a nurse who after working for the place for 28 yrs - rarely missing a day i mighta dd in 28 yrs - her husbnad got sick and she took fml and her husband died 2 days prior to her fml being done. the boss was all like " take all the time ya need etc and 3 weeks later she got a letter stating they had fired her as of 2 days after her hubby had died - this place also fired many employees for made up reasons from all dept. and now have nothing but "prn" employees. i feel its all in the politics and pocketbooks. when they can get away with it most places will stab you in the back regardless of your loyalty. it is unfortuante - one of the reasons i advocate all nurses and interns i meet to be sure they carry their OWN liability ins and not rely on the employer cauise when push comes to shove most will not back you. just my opinion. have a blessed week and am praying you find a great job and are able to keep on paying the bills.

[bargainhound, RN]

You do not have to have a lawsuit to have your

rights upheld. But, you need an attorney to speak

for you. 80 per cent of lawsuits are settled out

of court. If you have someone stand up for you

and speak on their terms, the hospital will want

to settle and give you your job back.

[CrunchRN, ADN, RN]

Walk out of there and don't look back. Let them deal with 25% and you being gone. Why should you even try to stay after this treatment? They seem to be very callous and I am sure you can do better elsewhere. Best of luck to you.

[scampi710]

What you describe is not atypical of the healthcare system today. If you are fortunate enough to live in a region that has a variety of hospitals from which to choose, I would suggest you look at this as an opportunity to go elsewhere.

You are also protected under Federal Law for discriminatory practices, but you will probably need legal representation. This is not a "lawsuit", it is fighting for your right to work.

I have to think that you are in a rural region and have limited choices. These are usually the institutions that heniously mistreat their staff.

Sorry about your plight. We as nurses need to unite, unionize, learn to stand up to the corporate bureaucracies the "hospitals" have become.

[Hellllllo Nurse, BSN, RN]

.... We as nurses need to unite, unionize, learn to stand up to the corporate bureaucracies the "hospitals" have become.

ITA. Employers could not get away with this kind of thing if we were all unionized. It is awful.

To the OP: I'm so sorry for what you are going through.

[Town & Country]

If you work in a "right to work" state, you may be terminated without notice

I think you mean "at-will" state. If you work in an at-will state you can be terminated for any reason...."right-to-work" means they have to have a legitimate reason to fire you - which would be a refreshing system to work in.....

[rstewart]

i think you mean "at-will" state. if you work in an at-will state you can be terminated for any reason...."right-to-work" means they have to have a legitimate reason to fire you - which would be a refreshing system to work in.....

nope, that's not even close to what it means.

[CseMgr1, ASN, RN]

This is outrageous. RUN, don't walk to an attorney's office. Your case has unlawful termination and sex discrimination written ALL over it. Do NOT let them get away with it! :angryfire