Terminated? Do I get paid for unused paid time off?

BittyBabyGrower, MSN, RN · Apr 5, 2006

What does your human resources book say about maternity leave? Most places are 6weeks for a vag delivery and 8 weeks for a c/s unless you qualify for FMLA, then you get 12 weeks regardless. It is almost like they were asking/telling you in a round about way that you had to come back, but then someone told someone else that you said you aren't coming back. I think that you may be able to fight this with human resources. I know where I work, we have to sign papers that state when we will be back from our leave. Did you fill out any paperwork?

And if you were truly, truly fired, they don't owe you any of the time you accumulated.

I'd have to say, someone screwed you! I hope you get this worked out!

GooeyRN, ADN, BSN, CNA, LPN, RN · Apr 5, 2006

I did not sign any paperwork. My due date wasn't until Nov 5 2005 but I went into labor unexpectantly on Oct 22 early am and delivered on Oct 23. I was still on the schedule for another week when I went on leave. I asked to not be put on the schedule after October, since labor would be any day and didn't want to cause staffing problems when I went into labor if it was a day I was scheduled. No one (DON or administration) ever asked me when I would be back. I told fellow coworkers I wouldn't be out "long" At the time I assumed I wanted to be out about 8 weeks. I was wrong! lol. At the time I was only working one nightshift a week. I didn't see there being a problem since a nurse went on leave Oct 04 and didn't return until April 05. And she only came back 4 hours ever 2 weeks. People do talk a lot there, being a small community. Everyone knows everyone and everyone is related. (Except me! I am only in the area 1.5 years) It was rumored that I was retiring after my second trimester. Um, Im only 27. Not really thinking about retirement right now... I did tell everyone I saw that I WOULD BE BACK. I did not cash in my time when I had to call off for labor, thinking I would be back soon and wanting to keep the time in the bank. But this incident made not want to go back there. And I want my time cashed in. I earned this time. I want it! I am mad, because I think I atleast deserved a phone call, asking me what my plans were, and giving me the option to return to work, or resign if I did not have immediate plans on returning.

buildingmyfaith57 · Apr 5, 2006

that is why im so concern about when you fill out a job application before you sign it,it would say if hired can be terminated at you're will or they can terminate you without a cause or warning.

gauge14iv, MSN, APRN, NP · Apr 5, 2006

Technically....since you left first - you quit - however, since you didnt give them written notice you werent returning, they had to have a legal way to release your position for rehire to someone else etc and the letter was probably the only way to do it. If you are eligible for rehire, generally it wouldnt count as a termination even if a new employer were to check refs with them "Yes she was terminated - Yes she is eligible for rehire" pretty much says it was an administrative based termination, not a performance based termination.

Jolie, BSN · Apr 5, 2006

I'm sorry for your situation. It's the kind of thing that happens when employers and employees fail to make their intentions clearly known to each other.

You were terminated, and should be honest about that on future applications. But terminations are not all viewed the same by future employers. Most job applications allow you to describe the circumstances of leaving your previous employer(s). Just state that you were terminated due to an extended leave for pregnancy complications not protected by FMLA. That is not unusual, and no decent nurse manager would hold it against you.

As for your paid time: You've learned an important lesson that it should be used during a leave in order to protect it, and not be "saved for later", which may never come. It is perfectly appropriate to use sick time for maternity leave, as you were hospitalized, and then had a period of recovery at home before your OB/CNM OK'd you to return to work. So, in the future, use sick time first, then vacation, holiday, and personal time until it is exhaused as well. You may be entitled to payment of your unused time off, since you were not terminated for willful misconduct. Check with your state law and HR policies.

Good luck to you and your growing family!

purplemania, BSN, RN · Apr 5, 2006

I disagree. If you were terminated and had paid time off accrued then you are due that time. Paid time off is salary put on "hold". You have already earned it. It is not a future benefit, like sick leave (that may or may not ever be used).

gr8rnpjt, RN · Apr 5, 2006

I agree with the other poster who said that you were not terminated, you quit. And you should have collected the sick and vacation time in your last paycheck.

Tweety, BSN, RN · Apr 5, 2006

I've heard in this hospital most people get the PTO when they quit in good graces. If you're fired, or you don't work out your notice, or call in sick a lot during your notice they have been known not to pay PTO.

The best thing you can do is call and ask "am I going to get paid for the PTO that wasn't used?". They are the only ones who can answer that, and if you're diplomatic and friendly, they should be able to answer you.

Just tell your future employers you left to have a baby and leave it at that. Of course, being a small town rumors will fly.

nana2003 · Apr 5, 2006

Around here, 6 weeks is the usual time off for maternity leave. If your 6 weeks were up in January and you told them you were not ready to come back it sounds to me like you may have quit, or extended your leave. But that would usually involve some paperwork, but say you did not do any paperwork. Then you got a letter of termination this week…..more than 2 months later. I do not understand why you have not been in contact with your employer for so long. I can see how they might come to the conclusion that you did not want to work there anymore. Maybe you should call them and get this all straightened out. Sounds to me like there is a definite lack of communication here on both sides. I’m thinking the only way you can get a true understanding of your benefits is to talk directly to your employer.

llg, PhD, RN · Apr 5, 2006

I strongly agree with the advice for you to speak with your old HR department and ask your questions about your unused time. Explain that you didn't realize you would be terminated if you did not return to work at a certain date. Review your employee handbook prior to your conversation so that you are aware of the relevant policies.

This sounds to me like a case of miscommunication on both your part and your employer's part. You should have clarified your status with them ASAP after you had the baby so that you could learn about your options regarding things like maternity leave, sick time, etc. They should have contacted you to clarify your status to avoid an awkward legal status later. Both parties bear some responsibility for the lack of communication. "Telling everyone" of your intentions is not the same as officially notifying your employer.

It's sad that things weren't done right in the first place, but you can't fix that now. All you can do is to clarify your current status.

As far as future job applications ... Just say there was some miscommunication regarding your maternity leave and while it was technically a termination because you weren't covered by FMLA, you actually did not returen after the baby voluntarily. Most future employers will understand that.

Good luck,

llg

carolinapooh, BSN, RN · Apr 5, 2006

I'm confused.

I don't understand how you could leave without telling them a date for your return - even an APPROXIMATE date of return.

I've never seen a job like that.

I've never seen a job where policies weren't printed in the employee handbook.

Also, I have seen with most employers that if you do not return within X number of days after your last full day of work, you're considered to have quit - where I work, if you don't notify them of your intended return date, you're considered to have abandoned your position.

I'm not doubting your words, it's just that none of this makes sense to me. If you knew you were pregnant, why not review the leave policies WELL in advance of your due date, regardless of when you actually delivered? If I found out tomorrow I was pregnant, you can bet I'd do some digging to find out the leave policy by the end of the week. It would save loads of trouble later. I just don't understand why the policy wasn't researched, and how someone could take something like this for granted.

I am completely confused.