Legal Question in Employment Law in Alabama

I am employed with Sunbridge Healthcare as a Registered Dietitian. I went into labor on October 30, 2009, which was about 3 weeks before my due date and a couple of weeks before I had planned on beginning my maternity leave. I completed all FMLA paperwork and turned it in to the proper person approximately 2 months before I went out on leave. I spoke with the Business Office Manager and Payroll Coordinator on January 8, 2010 and they both verified that all documents were in order and everything related to my FMLA was exactly as it should be. I had an unexpected c-section and was required to stay off work for longer than 6 weeks. My doctor released me to return to work on Thursday, January 7, 2010 and I emailed my facility administrator and the Regional Dietitian on Tuesday, January 5, 2010 to inform them that I would be returning to work on the 7th. On Wednesday, January 6, 2010 I received a call from my facility administrator at approximately 5:40pm. I missed the call and returned it shortly thereafter when he informed me to "hold off on coming in to work tomorrow". He stated that he had to speak to Anthony, who is our regional director of HR, the next day and he would let me know something by Monday. He told me that he had concerns about my work being behind before I went out and he had to see what his options were before he made a decision. The issue that he is referring to about me being behind on my work was addressed prior to me going on leave. During resident chart audits it was discovered that all departments (social services, activities and nutritional services) were behind on documentation in the medical records. I will admit that I was further behind than the other departments, but they both have 2 full time people doing their work and I am the only dietitian in the building. However, the main reason for me getting behind was that for months I was doing 2 full time positions because we did not have a dietary manager and I was also responsible for the kitchen and all of the dietary department, as well as the clinical responsibilities. I was given a write up for this and put on an action plan. From that day forward, up until I went on leave, I followed that action plan exactly and did every single thing that it required. During that time, my administrator never once came to me with any other issues. Until now, when I am ready to go back to work and he now decides that he still has a problem with what he had already written me up over. I also have several people from the facility who have called me and told me that the dietitian that he hired "temporarily" to fill in for me has told everyone there since the day she started that the administrator told her she would be there to stay. She also commented to a social worker that she was told to act like she was just there until I got back, but she was really going to be there permanently. The people who have given me this information have no reason to make it up or lie about it. My administrator emailed me Friday night and told me that he would contact me on Monday (yesterday)- I waited for his call all day yesterday and never heard a word from him. I have no idea what to do about making arrangements for child care or any other plans that can't just be thrown together in a couple of minutes. My baby's daycare was expecting him to be there last Thursday and now that he still hasn't gone I risk losing his spot there. In our area all of the daycares have long waiting lists that you are usually on for at least 6 months before they have a spot for your child. If I do lose his spot I have no idea what I will do. So I have now been waiting since last Wednesday to find out if I have a job or not. This is the most excruciating emotional agony that I have ever experienced. I feel like the least he could do is pick up the phone and tell me something- even if it's just that he needs another day. I feel worthless and like he has no concern for my emotional or financial state. I have insurance through my husband's employer, so I did not have short term disability, which means I have not received a pay check in almost 12 weeks- that is approximately $7500-$9000. I now have a 2 month old and need employment worse than I ever have and I feel like my job is being taken away from me unfairly. If I had been notified weeks ago that I would not be able to return to work I could have been searching for another job. I guess I just need advice on what, if any, steps I should take next. I'm not sure if I should just move on and forget about it or try to fight for my job. Any advice will be much appreciated. Thanks so much for your time. God Bless!

1 Answer from Attorneys

Related Questions & Answers

More Labor and Employment Law questions and answers in Alabama

Looking for something else?