Loa??

[rachel4]

What is the name of your state? What is the name of your state? Illinois

A recent voluntary transfer to another unit in my hospital did not work out. I was not terminated, there was no misconduct or discipline (HR is still investigating a complaint I filed). My question is this: I have not filed for an LOA yet, as HR had advised me to do (almost 3 wks ago).
Oringinally I was told by HR that my case may take a week or two. Yesterday when I touched base w HR, he tells me it may take up to 4-5 weeks now, and he kinda freaked when I told him I hadn't filed the LOA yet. I understand the LOA is to secure my 6 yrs seniority (right?), and gives me time to decide what other dept. I might like to transfer to, if HR does not get me back into the original dept I'm "fighting" to go back to.
Someone else told me NOT to take the LOA, b/c this is just something HR wants done to protect the hospital from any suit I might bring against them, and that I should look into filing for unemployment instead. And filing the LOA will just allow HR to "sit" on my case even longer. I'm not sure what to do.
Please advise.
thank you
rachel

 

[cbg]

What kind of LOA are you talking about? For what purpose?

 

[rachel4]

A personal leave of abscence for up to 3 mos. I was told I have to take one or lose my seniority and employment status.

 

[cbg]

Okay, that just makes the issue more confusing. Why did HR tell you to take an LOA? How does that protect your seniority? What is going on that your seniority needs protecting?

 

[rachel4]

Sorry, I'm confused too That's why I'm posting in here.
This transfer did not work out, the manager didn't want me in the dept after a 90 day review period (LONG story, that's why I filed a complaint, and HR originally told me they could fight to get me back in this dept. depending on what the "investigation" finds).
So, now that my 90 day review period is up and I'm out of this dept, I have no where else to go (yet). My personl/vaca/sick time is almost used up now, 3 wks later (after the 90 day review period). HR pushed this LOA on me, saying it was the only way to keep my seniority/employment status with this hospital, and that it would allow time for me to interview for other depts that might interest me, "in case" HR finds in favor of the manager and I can't go back to her dept.. I have 6 yrs uneventful service there before this fiasco, and i want to retain it.
Someone else (a personal friend) told me NOT to file the LOA--to wait until I talk to an attorney (which I haven't done yet) b/c it sounds like someone screwed up by not firing me (again, there were no grounds to fire me, I was not terminated ), and an LOA is just like my agreeing with everything that's happened to me, and absolves the hospital from any wrongdoing (b/c I would have "agreed or requested" to take an LOA).
What can happen to me if I refuse to take the LOA? Can they fire me for THAT?
I won't be on the payroll much longer after all my sick/personal/vaca is gone.

 

[cbg]

It's like pulling teeth.

What kind of complaint did you file? What is being investigated?

I'm not just being a smart ass, these questions are important to what, if any, recourse you have. It makes a big difference whether your complaint was protected or not.

 

[rachel4]

update 4 cbg

Hope all is well w u.
Remember I told u I was submitting an LOA form and wrote in "I understand my signing this secures my 6 yrs service and employment status, but I do not agree to being off the payroll and not having benefits during this time."?
Well, today HR tells me they can't approve that LOA b/c I wrote that in, and I have to fill out another one. Now they're telling me the LOA bridges my 6 yrs service only and does not guarantee my employment status, or that I will get another job. (I interview for other positions in this same hospital next week or so...) Does this sound right to u?
PS I haven't checked in to unemployment yet. Will doing so get me in trouble with them b/c I do want to eventually get another position there, but in the meantime I am still w/o a paycheck thru no fault of my own
tx
rachel

 

[cbg]

Rachel, you don't get to set the terms of your LOA. They do. It was worth a try, but if they won't go for it, they won't, and you will need to complete the other form. It's their opt whether you get pay and benefits during this LOA, not yours.

Since your LOA is not for a protected reason, yes, they do not have to guarantee your employment.

As far as unemployment goes, I can't answer that. There's no way for you to apply without their knowing about it, but I don't have any way of knowing if they'll be upset or not. To be perfectly honest with you, I'm not even sure if you'll qualify, but you should most certainly apply. You might qualify, and you'll never know if you don't make the attempt. It will be the state's decision, not theirs, if you get benefits or not.

Good luck and continue to keep me posted!

 

[rachel4]

Thanks cbg! I appreciate your honesty (even if I don't really like what I'm hearing you say
It all makes sense . I'm going to talk to unemployment today (repeat, "talk" only)
I'll see what they say. I'm one of those people who think unemployment is for lazy people (not all, just SOME) who don't really want to work, and that's not the case for me...
I'll keep u posted.
have a good one!
rachel