Per diem ..maternity leave?

labordude, BSN, RN · Mar 14, 2015

For legal advice, contact an attorney as they are the only ones who can give you the correct information. That being said, here is a link to information on the Family Medical Leave Act http://www.dol.gov/whd/regs/compliance/whdfs28.pdf

enuf_already · Mar 14, 2015

Agree with nicuguy and the link to the FMLA. Part of the determination may be the number of hours worked in the previous 12 months and the fact you are per diem.

Where I work, per diem people work when they desire and take off when they desire (including time to have babies) but receive no benefits including PTO.

SmilingBluEyes · Mar 14, 2015

If you are in the USA, you probably won't get any paid time off. It's Been my experience ( I was PRN for years) that if you are PRN/per diem status, you do get time off, of course, to have the baby---- but---- it's unpaid as most PRN/per diem staff get paid more hourly than regular staff, due to not having/forgoing such benefits. Unless you have PTO/Sick leave benefits, you will have to take it unpaid.

As far as your rights are concerned, well, you have the same rights, no more or less---- as anyone else: FMLA. But again, it probably won't be paid leave.

Therefore, If I were you, I would start saving money in the months ahead so you can take leave comfortably.

erin01 · Mar 14, 2015

Yes I do realize I won't be paid but worry they won't hold my position.

SmilingBluEyes · Mar 14, 2015

PRN is tricky. If you were part or full time they would have to hold a position for you, but it may be that when you came back, you could possibly be working a different shift or even unit. I have seen that happen. You are float pool so you would probably be able to expect the same sort of work as you have been currently doing.

Being as you are PRN, there is no promise of work for you ever, no guarantees anyway. So it won't likely change when you have had the baby. They will probably retain you as PRN, but it's uncertain how much you will work or not. Depends on the needs of the units/hospital, period, when you are ready to come back.

Good questions for your HR. Like said before, if you are concerned about legal rights, you need to talk to your union rep (if you have one) or an attorney. No one here can spell out your "legal" Rights for you.

labordude, BSN, RN · Mar 14, 2015

erin01 said:
Yes I do realize I won't be paid but worry they won't hold my position.

Why not use this as a time to see if they consider you valuable? If they keep your position, you are valuable to them. If not, well you have your answer. If the people in charge want you to come back, they will make sure it happens.

OCNRN63, RN · Mar 15, 2015

erin01 said:
Yes I do realize I won't be paid but worry they won't hold my position.

Because you're per diem, your employer has no obligation to hold your position for you.

SmilingBluEyes · Mar 15, 2015

I just wanted to add: CONGRATULATIONS and best wishes for a healthy, joyful pregnancy and birth experience. Really, that will be your NUMBER ONE job for the rest of your life; being a parent. Nothing on earth like it. ENJOY IT cause time passes so quickly and they grow up too soon. If you can stay home and be a mom, by all means, do it.

HouTx, BSN, MSN, EdD · Mar 16, 2015

There are too many variables for anyone to provide you with a definitive answer. Employer benefit packages are not standardized so you'll need to check with your employer to see what coverage they provide. Employment benefits also differ by state, so providing information about your location will improve the relevance of information you receive. There are no Federally mandated leave benefits except FMLA, and that is unpaid leave. You would be entitled to FMLA only if you have worked at least 1,250 hours for your employer in the 12 months preceding your leave.

Congratulations on your pregnancy.

JustBeachyNurse, LPN · Mar 16, 2015

If you worked 1250 hours (~25 hrs per week x52 weeks) in the last 12 months you would be entitled to job protection under FMLA. Some states offer paid maternity leave under the state temporary disability program (NJ is one) for the period of time your OB certifies your need to be out of work (often 2-3 weeks pre-birth and 6 weeks PP for NSVD or 8 weeks pp for c/s) paid at 66% of your average weekly wages. NJ also has a partial paid FMLA with job protection

Investigate your rights and opportunities. Congratulations

RNsRWe, ASN, RN · Mar 16, 2015

JustBeachyNurse said:
If you worked 1250 hours (~25 hrs per week x52 weeks) in the last 12 months you would be entitled to job protection under FMLA.

Is this also true if someone is a PRN, the equivalent of a day laborer, rather than an employee with a part-time committment for employment?