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FMLA troubles

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wantmyjob

Junior Member
What is the name of your state? Indiana

I'm an RN who has worked for this hospital for 4 years. For the last 3 years I have worked week-end option (EVERY Saturday and Sunday - nobody likes this shift). I also regularly work 1 day during the week and other days when there is a need. Therefore, I meet the 1,250 hour requiremet. On the weekends, I make WEO pay which is time and one-half.

I'm taking FMLA for the adoption of our daughter. I only took 9 weeks off and spoke to my manager regarding this before I left. All the required paperwork was submitted to HR. Everything was great. I am now on week 7. I was just informed that my manager decided to fill my position and that "we aren't sure what we can offer you at this time." The VP of Nursing said "I think we have to offer you something, but I don't know just what it will be at this time."

I called HR because the management doesn't seem to know the law. HR told me that I would be paid my WEO pay regardless of what hours I work. That's all great, but there are other issues. My manager has told the VP of Nursing that she wasn't even sure I was going to return! LIE. I have never mentioned not returning after my leave. I work weekends so I don't need childcare for my children. If I have to work during the week or night shifts then I will HAVE to find daycare and they aren't giving me any notice.

I guess I just feel like they are catering to this other nurse who they gave my position to because the VP likes her and I just happen to be in the way. :(

My questions: Can they take my weekend shift away from me and "put me where they want?" Can they make me work on an entirely different unit that I'm not qualified for (I'm certified in Pediatrics, wouldn't feel comfortable or safe in ICU or ER)?

Thanks in advance for any advice.
 


Some Random Guy

Senior Member
Lets say that you were not out on FMLA and your boss came to you and told you that you were being switched to a different shift or department, but would still be compensated for the bonus you normally get for your 'week end option'.

Point to any law or section of your contract that would prevent this.
 

cbg

I'm a Northern Girl
As long as you do not exceed the 12 weeks allowed by FMLA, they are required to return you either to the same job or one that is "substantially equal" in all respects.
 

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