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?
