I was working med/surg in a CAH hospital until October when I had a baby. I was not eligible for FMLA. (I did not meet the requirements) No one ever said to me how much time I was allowed off, etc. In January (I was off about 6 weeks at this time) I was called and told they were having some staffing problems they "heard" that I was wanting to come back at this time. Its a small community, and rumors do fly. However I was not ready to go back at this time and stated so. This seemed to be fine with my DON. She said call her when I was ready. Fast forward to this past Saturday, I received a letter in THE MAIL stating that my active employment for XXXXXX-XXXXXX has been terminated due to me not returning to work following maternity leave. It said that they would happily accept my application if they had any positions available. So here are my questions.
Was I fired? Do I have to say I was terminated to future employers? Now I do not plan on returning to this hospital. For this and other reasons. Do I have to check the box "yes" to being terminated on applications elsewhere? I have had no write ups at this hospital. Will my termination effect my chances of gaining employment elsewhere?
And, I had some paid time off left that I did not use. I assume I can not ask to be reimbursed for the sick time (or can I since I was briefly hospitalized during the birthing process) but am I entitled to my vacation and holiday time that I did not take prior to my leave? I was not sent a check for it, but sure could use the cash. (who couldn't?) And how do I go about getting this $ nicely, as I do not wish to burn any bridges.
There should be no reason why you can't get your PTO. When you were in the process of building up your PTO hours, you were working then AND EARNING IT, therefore it's yours. Sick time you're not eligible, those hours are not yours. You have to contact them, sometimes it takes awhile for it to get processed, but you have to remind them otherwise it's not gonna come. Talk to PAYROLL and tell them to issue you a check and send it to you. They should pay you 100 percent cash out at the time of termination of employment, it shouldn't matter if you quit or you got fired. Like some people said, PTO are not future benefits, they are benefits accrued depending upon the amount of hours you worked. CLAIM IT, it's your's.
I would simply call the DON, and state that you did not realize you would be terminated if you didn't agree to come back when she called. She owes you an explanation on that. You don't have to burn any bridges, just a call to let her know that you truly intended to come back and are hurt that your position was not held. If the termination is not negotiable, then at that time you can ask about the time owed.
Good information to make sure that you actually do not qualify.
I would speak to HR and see about getting reinstated and then I would ask about the monies that is due to you.
The issue about term/Quit is difficult. Also, you should be applying for unemployment if this is truly the case and let them determine the facts! You may be able to collect something there as well as get placement assistance. Go ASAP and note that you are unsure of actual status. The burden is on the company to prove when you were supposed to come back!
Worst case, if they are insisting on not taking you back I would appeal the termination/quit status as this could affect you ever going back there in the future or getting a good reference which may not seem like a big deal now but a few years may be!
Im afraind you may be SOL on the payment for time. They may have let it eat up in your insurance premiums while you were off. If thats the case there may not be anything left to get. If you were on their insurance policy while you were off, and you had a premium that had been taken out of your check previously, they may have used that for premium payment while you were off.
I hope that isnt the case, but it very well could be.
Im afraind you may be SOL on the payment for time. They may have let it eat up in your insurance premiums while you were off. If thats the case there may not be anything left to get. If you were on their insurance policy while you were off, and you had a premium that had been taken out of your check previously, they may have used that for premium payment while you were off.
I hope that isnt the case, but it very well could be.
I did not have any insurance through them, I am on my husbands insurance. (Why is it that health insurance is so much more expensive for a nurse than for an engineer? It just seems wrong, but that is another thread!)
My place of employment would "lend" you your time off until your 1st year anniversary.
If you left before the one year they took it back by subtracting it from your finall paycheck. I think we got 4.7 hours off each 2 weeks under vacation and 2.7 under sick leave per 2 weeks.
Since they went to a combined PTO I'm not sure how it's pro rated.
I agree with call the DON -be nice, call personnel-be nice and if you do apply another place I believe I'd check the no on the terminated question, and say you were not able to return from OB leave within your former employers guidelines.
Get in touch with your local Labor board and get there take on this situation after reading the facility's employee handbook. The whole thing sounds fishy to me. You should get your accrued time off from them at least. This depends on facility or employer policy. Some places cut checks for unused vacation time and some don't. If you have an employee handbook it should be in there. It's up to employer, they don't have too per most Labor boards. I wouldn't go back there to work either, your better off. When you fill out applications i would note that there is explanation for termination and you are eligible for rehire from this facility that way you at least have a chance to explain what happened.
I am going to call Human Resources tomorrow. (fri) I could not get them today. I called during lunch hour, when dd was napping. I needed a few days to cool off before calling. I don't want to be an emotional idiot when I am on the phone w/ them. :uhoh21:
I did dig out my employee handbook, and it didn't really say much about getting your PTO. Everything is so vague. Almost like it can be interpreted differently for different employee's. Like I did say, another nurse was off for over 6 months the year before and was not terminated. It said you can be denied PTO for excessive absenteeism (sp?) but I only called off one shift at 24 weeks preggo (did not take a PTO sick day, Im stupid for that I admit) for leaking of amnio, and then when I delivered. (also did not take PTO sick day) I was not scheduled anymore after that day (October schedule finished and was not on Novemebers sched) so I don't think they can call my extended leave excessive absenteeism since I did not call off, since I was not scheduled.
I was far from a problem employee. I kept my mouth shut, did my job, was friendly, got along well w/ all employees and patients, and had no enemies that I know of. (Infact they threw me a huge suprise baby shower!)
I am starting to think this is their way of letting me go w/o laying me off and having to pay unemployment if I were to return soon. Every spring (less sick patients) there are mass firings since the census drops. They also cut everyones hours to the bare minimum to keep benefits, encouraging people to quit. They HATE to pay unemployment. (Its a privatly owned hospital-no union) Then of course, the fall (sick patients) comes and need nurses and they usually have a group of CNA's that recently graduated and passed boards who are looking for jobs. Im rambling now. I will let you guys know what happens tomorrow after I call!
From what you say about the other employee taking 6 mos off, you may actually have a case. You see, they have to apply the rules fair and equitably.
For example, Say a person is continually late and gets fired for it, but they can prove that many others are also continually late and do not get punished, then they have a case there as the rules were selectively applied and by them not punishing the others, they set a standard there. I have seen it happen a lot!
I used to work in the employment industry here in NH and learned a lot about HR.
Good luck and try to stick with the facts when talking with them!
They said in the letter to you that they would accept employment application from you in the future. So I would view this as more of a "laid off" type of deal and not say that you were terminated.
Specializes in Case mgmt., rehab, (CRRN), LTC & psych.
They said in the letter to you that they would accept employment application from you in the future. So I would view this as more of a "laid off" type of deal and not say that you were terminated.
Be advised that this thread is 2 years old, and that the situation being described by the OP occurred many moons ago. Therefore, any advice you now bestow upon the OP might be useless and not applicable to this old story. When you search for threads, look closely at the date prior to replying. :)
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.
Sorry but technically you were responsible for notifying them, of your plans. It is an employees responsibility to keep an employer informed as to when and if they plan to return to work after any type of leave maternity or otherwise. And to keep them informed of any changes to those plans. That is water under the bridge but now you will know for the future.
I would contact HR and discuss your concerns and thinking as you have here.
hrtprncss
421 Posts
There should be no reason why you can't get your PTO. When you were in the process of building up your PTO hours, you were working then AND EARNING IT, therefore it's yours. Sick time you're not eligible, those hours are not yours. You have to contact them, sometimes it takes awhile for it to get processed, but you have to remind them otherwise it's not gonna come. Talk to PAYROLL and tell them to issue you a check and send it to you. They should pay you 100 percent cash out at the time of termination of employment, it shouldn't matter if you quit or you got fired. Like some people said, PTO are not future benefits, they are benefits accrued depending upon the amount of hours you worked. CLAIM IT, it's your's.