Need help in PA

[Stumpjumper]

Hello everyone. I have a problem. My wife is carrying a high risk pregnancy. She has had some problems and has to see a specialist.

My wife has been working full time, 5 8 hour days, at the same hospital for 9 years. About 1 month ago, the new head of her department made them all change to 3 12 hour shifts per week.

A few weeks ago, she had abdominal pains and went to her doctors office, which is about an hour from the hospital that she works in. Her Dr. told her she was having contractions and he did not want her to work more then 8 hours in a twenty four hour period.

The next day, my wife gave her boss the note from the Doctor. The note had no other restrictions, other then she was not to work more then 8 hours in a 24 hour period. My wifes boss now only has her scheduled to work 24 hours one week, sometimes 34 hours in a week, but never 40 hours. Wouldn't her boss still have to schedule her for her full time 40 hours. Her job discription says that she is a full time employee.

Also, my concern would be after she delivers. When my wife collects temporary disability for maternity leave, can they say she was not full time because her boss is not scheduling her for full time hours, and thereby not pay her the full disability? Could they fire her because she is not working full time when her job discription says full time?

Any help with this madder would be greatly appreciated.

[LConnell]

If your wife worked more than 1250 hours over the past year, she is entitled to up to 12 weeks of leave per year. The leave may be taken intermittently, e.g., in hourly segments. FMLA does require an employer have at least 50 employees ina 75 mile radius in order for the employer to be covered by the Act.

My suggestion is that your wife check into FMLA leave. However, keep in mind that FMLA will not require the employer to provide paid leave.

The only possibility of paid leave is if the hospital treats your wife and other pregnant women differently than employers requiring a part-time schedule who are not pregnant. In that case, the employer may be guilty of discrimination on the basis of pregnancy.

Another suggestion is that your wife talk to the HR Department. Though it is not legally required, the employer may be willing to let her offset the missing time with any accrued vacation and sick time.

[Stumpjumper]

Lillian,
Thanks for your reply. My wife did work more then 1250 hours over the past year. She has been a full time employee for 9 years. She does not want to take an FMLA leave until after the baby arrives.

You stated "The only possibility of paid leave is if the hospital treats your wife and other pregnant women differently than employers requiring a part-time schedule who are not pregnant.". My wife does not require a part time schedule right now. Her doctor said in his note that she is not to work more then an 8 hour shift per day. She does not want part time. She is a full time employee.

There are about 500 people who work there. I know of three who are pregnant and as far as I know, my wife is the only one who is not getting the correct amount of hours. When my wife started work at the hospital, her job discription was full time. Up until this point, she has been scheduled for 40 hours per week. Then, once she gave her boss the note from the doctor, her boss is only scheduling her part time hours. The thing that gets me is her department is short staffed. They had to hire 3 per diem people to fill in for the full time people and help cover the shifts. Now, my wife who is full time employee, sometimes gets less hours per week then per diem people. One other thing is that there is a part time person that works in my wifes department who requested part time when she started. She always gets her 4, 8 hour days.

Basicaly, her department has 5 full time employees including my wife. They have 1 part time employee, and 3 per diem employees. The per diem employees work whenever they can. The part time women works 4 8 hour shifts. All of the full time people work 3 12 hours shifts per week except my wife. She is now getting less hours per week then the rest of the full time employees, the part time employee, and some of the per diem employees.

My wife loves helping her patients. She doesn't want any problems with the hospital. She only wants to treat her patients full time for as long as she is physicaly able to. We believe that she is being treat unfairly. Her boss is a controlling person. She wants everything to go her way. My wife told me that when she gave her boss the doctors note, her boss not concerned about her health. She was only angry because her plan for everyone doing 12 hour shifts was failing. I know that is not relivent but that is the type of behavior we have been dealing with.

Is there anything we can do to get my wife her full time hours again?

[LConnell]

Unfortunately, not from a legal standpoint. Your wife's only only hope is to talk with the hospital management and see if they will help.