not sure what to do

[Krystalbubbles]

What is the name of your state? Oklahoma, but work in Texas

Is it an unfair policy for a supervisor to state that nobody is allowed to transfer to another unit that hasn't been in a certain position for 6 months?

I have worked for a company for a while now and went out on maternity leave. When I returned for work, I was informed that my position, which was full time, was no longer available and that I would have to take a PRN position instead in which I lost all benefits. Since then, a full time position has come open, but was told that since I hadn't been in the PRN position for 6 months, I was not allowed to take it. My immediate supervisor has stated to the head of the department that I should be allowed to transfer positions considering that the only reason I took the PRN in the first place was because they had hired another person for my full time and I took the only one that was available when I returned. Her reply was 'if I did it for her, I would have to do it for everyone, which wouldn't be fair.' Before I came back, when we were talking about what positions were available, I was told that I would be able to take any position that I was qualified for.

This policy is contradictory to the general company policy which states that at any time you may transfer to another unit when an opening is available and you are qualified for the position. Company also states that with the PRN position, you are entitled to a raise, which I have yet to see.

HR knows the situation and they do agree that this is not the same policy that company has set up and that the terms of it are disputable, but have yet to do anything about it.

Thank you.

 

[cbg]

A policy that you must be in a position for six months before you can transfer is not, in itself, illegal and is in fact fairly common in many businesses. It is not even illegal for it to be applicable only to one (or selected) departments.

The issue here is not whether or not the policy is illegal, but whether or not your employer is violating the Pregnancy Discrimination Act and/or FMLA.

Please answer a few questions for me.

1. You say you had been working there "for a while". How long is a while?
2.) How long had you been working there when you took maternity leave?
3.) How many employees at your location? How many overall (if more than one location)?
4.) Has anyone else, to your knowledge, been held to the six month limitation on transfer?

When you have answered these, I can make a more informed opinion as to whether your legal rights have been violated.

 

[Krystalbubbles]

Thank you for your response.
Here are the answers to your questions:

1. You say you had been working there "for a while". How long is a while? Almost a year and a half

2.) How long had you been working there when you took maternity leave? for ten months (which with this company, they state that after 6 months you are given the FMLA and STD as well as LTD with no pay decrease or loss of stature, I don't know if this would help you at all)

3.) How many employees at your location? How many overall (if more than one location)? there are over 2000 employees total at all locations

4.) Has anyone else, to your knowledge, been held to the six month limitation on transfer? not that I am aware of because rather than trasfer qualified applicants into the higher positions, they hire new employees.

I did some further research into this and found that with the PRN position, based on hospital policy, you are to recieve a raise for compinsation on the lost hours and I have yet to recieve that compensation.

I also found out that there was one other person that was forced into a position where she would either have to quit or get fired for bringing these concerns to HR. When she quit, a letter was sent to HR regarding how she did nothing but cause problems since the day she started and that they regret that she was even hired because she lied to get the position. Which, by a conversation with another employee last night, I found out that she was good in her position and was well liked by her peers as well.

I was also informed that another employee was working the full time hours, getting the full time benefits, but was hired on as a part time employee and still retains the part time title.

Thank you

 

[cbg]

Okay, hate to do this but on the basis of your answers I need to ask one more question; how long was your maternity leave?

 

[Krystalbubbles]

My maternity leave was for a total of 4 months due to complications. I didn't expect my certain position to be open due to the nature of the business. But I was assured that I would get one that was comparible to the one that I was working when I went out.

 

[cbg]

Okay, now that I have all the information I can say that I'm pretty sure your employer has violated the Family Medical Leave Act; not in refusing to allow you to transfer until you've been in the position for six months, but in putting you in a part-time, no benefits job when you returned from your maternity leave when you had been in a full time job with benefits.

Although when you left, you were not eligible for FMLA (they can grant you STD benefits whenever they choose, within limits, but they cannot legally offer you FMLA at 6 months. They can offer you a company sponsored leave that is equivalent, but they cannot offer FMLA until you have met the qualifications in the statute), you became eligible while you were on leave. Assuming that you had worked 1250 hours before your leave began, when you reached your one year anniversary your leave should have become protected. Therefore, when you returned from leave, putting you in non-equivalent position was a violation of the law.

It's quite possible that this was inadvertant. Since you'd only been with the company ten months at the beginning of your leave, it may be that they didn't realize that your protection began at your anniversary date. However, since they (erroneously) told you that you could receive FMLA from six months on, they should have been aware of the ramifications.

I would bring this to the attention of HR. If they fail to resolve the issue, FMLA violations are under the auspices of the US DOL.