FMLA?????'s

[WonderfulDreamer2]

I'm a weekend option nurse. I agree to work every weekend with approx 85 hours of weekend time "allowed" off per year. I also work 1 weekday each week to keep me at full time. I get paid a good amount over and beyond my base salary for doing this.
I need to have surgery soon and will be out for about 6 weeks. If I apply for FMLA, can the company I work for take me off my weekends (no longer pay my my weekend option diff) for missing that much time? Or does FMLA protect me from that? I've been with this company for 18 months. Does anyone work for HR or know the answer here?

 

[Cantw8]

I don't know the answer but I think your fuzzy eyeball is hot

 

[WonderfulDreamer2]

I don't know the answer but I think your fuzzy eyeball is hot

LOL...thats okay...the fuzzy eyeball thinks you're hot too!!!

 

[Lisa loves Pooh]

They have to give you an equivilant position if yours is no longer available. I think since you would take a "pay cut" if they bump you--that your position may no longer be "equivilant".


You will have to consult your HR to see if you are eligible, but don't be so out of hope that they will not give you your schedule back. Some jobs actually treat you nice.

Mine tried to pull something. I was ready to notify the dept of labor. Well the girl who "replaced" me got fired and I got my job back. totally independent of the other--but my mom (who worked in HR at the time elsewhere) stated that I had to return to work before I could have something done about it if I wasn't given my job back. My new assignment though same job title was nowhere near the same duties I was doing before. But since I did get my old job back, there was nothing to report.

 

[WonderfulDreamer2]

They have to give you an equivilant position if yours is no longer available. I think since you would take a "pay cut" if they bump you--that your position may no longer be "equivilant".


You will have to consult your HR to see if you are eligible, but don't be so out of hope that they will not give you your schedule back. Some jobs actually treat you nice.

Mine tried to pull something. I was ready to notify the dept of labor. Well the girl who "replaced" me got fired and I got my job back. totally independent of the other--but my mom (who worked in HR at the time elsewhere) stated that I had to return to work before I could have something done about it if I wasn't given my job back. My new assignment though same job title was nowhere near the same duties I was doing before. But since I did get my old job back, there was nothing to report.

Thanks for that. My place of employment is actually pretty good, and I will call them. I actually drive 40 miles to work each way, and if push came to shove, I could use that 6 weeks to find a job at a hospital much closer to home. I appreciate you taking time to answer me.

 

[wdwdancerwannabe]

My mother is a Human Resources Director - and always knows these answers

but, it's my understanding that FMLA does not protect your pay, it only protects you to have a job when you return.

Your pay is based on how many days you have built up.

Do you have sick days? Vacation days? How many?

 

[Pea-n-Me]

I would think they should still pay you your weekend differential if that's what you were hired for. You will still need to use your own accrued time. Your manager should know, as well as HR - they deal with this all the time. Also, if you're in a contracted position, you could check with your union rep.

 

[WonderfulDreamer2]

My mother is a Human Resources Director - and always knows these answers

but, it's my understanding that FMLA does not protect your pay, it only protects you to have a job when you return.

Your pay is based on how many days you have built up.

Do you have sick days? Vacation days? How many?

We don't have sick time but I do have vacation time and some holiday time. I was actually directed to the government site and thought I understood that for 6 weeks your actual position is secure and for the additional 6 weeks, a position is secured, but I'm not sure I'm reading correctly. But thanks for everyones input. It is helping. I will call HR tomorrow.

 

[DisneyfeverTN]

FMLA should protect your position and your benefits like insurance. FMLA has nothing to do with your pay though. It makes it possible for a person to leave their job for 12 weeks, keep their benefits at the same level of an active employee, and have their job held for them for this period of time.

 

[rigs32]

My DH is a respiratory therapist and they have a similar program at his hospital. And he uses FMLA to deal with a chronic illness. That said, as I understand it, your job as a nurse is protected but NOT your rights to the weekend contract. The increased pay of the contract is a privilege, not a right. When you're ready to come back, you should be able to sign up for the weekend contract again *when they are looking for new people to add*.

 

[barkley]

fmla protects your job (if the employer has enuf employees to be subjected to)-and an employer can not use your leave (justified/covered under fmla) as the basis for a negative action (can't use it to justify fireing, demoting or re-assigning if your contract deems that as a negative/disciplinary action).

if the employment contract/job announcement to which the employee applied under/accepted employment (and never entered into a separate binding agreement to amend) carries the 'option' for the employer to utilize the part-time employee to work weekends be it for overtime or (at the employee's benefit) qualifiy them (employee) for f/t status that entitles the employee to benefits-the employer is not taking a negative action to 'choose' for any reason not to 'opt' to schedual the employee for those weekend hours.

 

[Lisa loves Pooh]

My mother is a Human Resources Director - and always knows these answers

but, it's my understanding that FMLA does not protect your pay, it only protects you to have a job when you return.

Your pay is based on how many days you have built up.

Do you have sick days? Vacation days? How many?

She's speaking of salary on her return. A pay cut does not make for an equivilant job...unless it is something across the board or something. Then there would be no case.

 

[SoonerKate]

I'm an HR Generalist and handle FMLA administration for about 2000 employees.

but, it's my understanding that FMLA does not protect your pay, it only protects you to have a job when you return

FMLA does protect your pay. Upon return from FMLA, an employee must be restored to his or her original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. Courts in the past have held that not only does this pertain to scheduling (especially scheduling involving a differential), but even work location when a change in commute time was involved. (Can't remember the specific court case offhand, but I'd be happy to find it if you'd like.

Again, FMLA does consider pay and schedule to be part of an equivalent position. 29 CFR 825.215 specifies that:

(a) An equivalent position is one that is virtually identical to the
employee's former position in terms of pay, benefits and working
conditions, including privileges, perquisites and status. It must
involve the same or substantially similar duties and responsibilities,
which must entail substantially equivalent skill, effort,
responsibility, and authority.

Equivalent pay is addressed specifically in subsection (c):

(c) Equivalent Pay. (1) An employee is entitled to any unconditional
pay increases which may have occurred during the FMLA leave period, such
as cost of living increases. Pay increases conditioned upon seniority,
length of service, or work performed would not have to be granted unless
it is the employer's policy or practice to do so with respect to other
employees on ``leave without pay.'' In such case, any pay increase would
be granted based on the employee's seniority, length of service, work
performed, etc., excluding the period of unpaid FMLA leave. An employee
is entitled to be restored to a position with the same or equivalent pay
premiums, such as a shift differential. If an employee departed from a
position averaging ten hours of overtime (and corresponding overtime
pay) each week, an employee is ordinarily entitled to such a position on
return from FMLA leave.

 

[wdwdancerwannabe]

I'm glad that the OP was able to get in touch with someone who was an expert in this topic, but what I meant was that the pay is not protected WHILE you are on leave - in other words, they don't HAVE to pay you while you are on leave - unless you have vacation/sick days built up.

I work for a school district and had 12 weeks saved up in sick/personal days - I was able to take all of these days and get paid.

but if you don't have the days saved up, they don't have to PAY you during the leave....right?

This is what I meant.

 

[Lisa loves Pooh]

but if you don't have the days saved up, they don't have to PAY you during the leave....right?

This is what I meant.

Yes in her case unless she has short term disability coverage.
I think she was speaking solely about her return and losing what she has acquired.

 

[SoonerKate]

but what I meant was that the pay is not protected WHILE you are on leave - in other words, they don't HAVE to pay you while you are on leave - unless you have vacation/sick days built up.

That's correct -- FMLA provides up to 12 weeks per year of unpaid leave. Most companies allow (many even require) you to use any paid leave time you have accrued concurrently with your FMLA. Otherwise, Short Term Disability or possibly other options (depending on what state you're in) can provide income while you are out.

It seemed to me the OP was addressing her scheduling and shift differentials remaining the same upon her return:

I need to have surgery soon and will be out for about 6 weeks. If I apply for FMLA, can the company I work for take me off my weekends (no longer pay my my weekend option diff) for missing that much time? Or does FMLA protect me from that? I've been with this company for 18 months.