If not FMLA then what?

[Ineedfreeadvice]

What is the name of your state? DE

I am work as a nurse in a large hospital. I currently am employed as a weekend nurse with full time benefits. I have worked for the same hospital for over 15 years. I have worked 950 hours in the past 12 months.


Because I commit to weekend work, my benefits are paid as a full time employee.


My problem is that my children (13 and 14) are in a health crisis. My son diagnosed in November and my daughter just last week. It is a life altering condition, but their life is not in danger...at least at this point. We are expecting more test results this week.

For some reason my children are unable to absorb nutrients correctly and their bones are soft. My daughters sternum is protruding through her chest at an incredible rate. The sternum was normal less than two months ago. Anyway, I need to travel to another state for health care by someone who specializes in this dz. They are booked up until May except for next week Wed through Friday. Three days are needed for the eval and treatment. (My son was seen by them in December....and his sternum was buckling at a rate so fast that in 4 days he develope a scoliosis from the force on his spine). The place we need to go is out of state.

My problem is that my employer will not give me off on Friday night. I have explained the situation.....cried and beg. The answer is no!

I am allowed to find someone to change with me.....so after I post this I have to make a 100 calls. Just what I feel like doing with all of this on my shoulders!

My question is that I only worked 950 hours in the past 12 months (employed for over 15 years) because I work weekends (less hours) but with full time benefits. In other words, the hospital considers me a full time employee, but I have only worked 950 hours.

Is there anything that protects me in a situation like this? I have an ill child with a boss that could care less. I can't go through this again. I doubt it will happen, but my kids are ill. I need FMLA! Apparenly I am not entitled to it!

What are my rights, options?

Thank you!

 

[cbg]

FMLA eligibility requirements are set by Federal law and your employer has no authority to override them. If you only worked 950 hours in the last 12 months it doesn't matter if you have benefits and it doesn't matter if your employer counts you as full time - you don't qualify for FMLA. It takes a minimum of 1,250 hours in a 12 month period before your employer may legally offer FMLA.

I can't find anything on the DE website to suggest that they have a state version of FMLA. I'm not where I can check my usual source on this but if memory serves, DE is not one of the few states that does; nor can I think of any state where less than 1000 hours in a 12 month period qualifies one for protected leave.

I think your boss is being a jerk and I hope you are able to find someone to switch with you. But unless I am wrong about DE laws (which I will check tomorrow when I am back in my office - I will post again if I am), there's nothing you can do but that. There are no laws outside of FMLA that guarantee you time off for a child's medical condition.

 

[Betty]

I don't find a state version of "FMLA" either for Delaware.

 

[moburkes]

Agreed. I think OP is stuck on the fact that, although she is offered benefits as if she is full-time, she can't get FMLA as if she is full-time. The benefits are a "perk" to get you to work the weekend shift (you're getting extras for that commitment), but the benefits have nothing to do with the federal law. Sorry. Good luck with your children. I have a special needs 1 year old, and it never gets easier to deal with.

 

[Ineedfreeadvice]

Yes, my boss is being extremely cold and heartless. I just am amazed at how horrible a person can be to another human being.

I would think she hates me but the funny thing is that she trying to keep me from leaving her unit!

She is just downright cruel and heartless.

I learned today if I take a part-time position then I can get FMLA. I just will have to work more hours than I do now b/c I will have to pay more for health insurance**************which I obviously need right now!

So in essense what this means is that I will have to "call out" more for FMLA b/c she is pushing me into working more ......so that I can get the FMLA.....so that I don't have to go through crap like this when I need to change a shift.

It is really, really sad.

 

[cbg]

You cannot "get" FMLA until you have already worked 1,250 hours in the 12 month period. Read my first post again; FMLA eligibility is set by Federal law. Full time vs. part time has nothing to do with it. If you have not worked the hours requirement, you cannot legally be granted FMLA no matter what your status or your benefits are. They CANNOT legally give you FMLA if you don't meet ALL the conditions.

Now, if they want to grant you some personal leave time, fine. If they want you to work additional hours to get that personal leave, fine. But until you meet the Federal requirements, it's NOT FMLA and does NOT give you job protection under the law.

 

[Ineedfreeadvice]

Thanks, CBG....

I actually thought that didn't make sense! I kept saying that.....and they said no, if I was part time it was fine.....

I probably would have signed up for it.....then got the "oops. sorry, you can't have FMLA" and "you signed and now you can't change it for 6 months per policy".


grrrrrrr....