FMLA/Maternity Leave HELP!!!

Discussion in 'Teacher Time Out Archives' started by Mrs.Meow, Mar 26, 2007.

  1. Mrs.Meow

    Mrs.Meow Rookie

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    Mar 26, 2007

    Hi all! My baby is due May 31, our last day of school. I'd like to start my leave sometime in the beginning of May. I asked my school about maternity leave and they said that I won't get paid while I go on leave and I don't have Short Term disability.

    I understand that I shouldn't get paid while I'm not teaching, but the school said they won't pay me over the summer either. Am I crazy to think this is not fair? No one is required to work over the summer, but they all get paid. I even offered to come in (with my husband and mom) to do my classroom checkout.

    Does anybody have experience with this? I'm frustrated and I dont know what to do...

    Any help would be appreciated. :confused: :thanks:
     
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  3. GlendaLL

    GlendaLL Aficionado

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    Mar 26, 2007

    Are you at a public school?
    With a union?
     
  4. Mrs.Meow

    Mrs.Meow Rookie

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    Sorry, I should have stated that...I am at a public charter school and there is not a union.
     
  5. GlendaLL

    GlendaLL Aficionado

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    I think that it sounds crazy too!
    Does your contract address pregnancy leave time?
     
  6. DizneeTeachR

    DizneeTeachR Virtuoso

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    Mrs. Meow, I know I as 1st year teacher ou on maternity leave I didn't get paid for time off, couldn't get FMLA & vacation time was part of maternity leave!!! IT sucks. The bad thing is there's nothing in the union contract. One teacher said vacation time wasn't used against her & others were!!! It was very wishy/washy!!! In the end I think I used 5 sick days & saved the other 5 & my personal days for "in case" I needed them.

    I don't know if it helps, but it was my situation!! I AGREE the vacation thing is SO STUPID!!! It's not like the other teachers call over vacation to tell them they are sick!!!
     
  7. JenPooh

    JenPooh Virtuoso

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    This is not a new issue around here. Teachers do not get paid over the summer unless you teach summer school and you can rarely find any place of business, school or not, that will pay you for maternity leave. It's pretty rare.

    Now...in our public school system there is an option you can take to have some money put aside from each paycheck during the year that you then get during the summer so it seems like you get paid for the summer (make sense?). It's still the same yearly salary though, but some do choose that option so they are still able to budget things better.
     
  8. Ponypal

    Ponypal Comrade

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    I have used both FMLA and maternity leave, but not at the same time.

    FMLA is the family medical leave act for anyone who needs to take time off for a medical/family reason. It guarantees 12 weeks of leave without losing your position. It also states that your health benefits should continue without a lapse in coverage.

    As for maternity leave, you can and should get your OB/GYN to write you a note stating what your last day of employment is. (You decide when) That's if you want to leave a couple weeks before the baby comes. I would advise it. Your school should not be able to go against this. However, they most likely will not pay you during this absence either. In your situation, your health and your baby's health is of the utmost importance.

    I used my accumulated sick time while I was on maternity leave, and then did not get paid for the remainder of the school year as I didn't return for the remainder. I didn't get paid in the summer either. I have never heard of any teacher getting paid in the summer if he/she is not actually working. Is this in your contract? Please provide some more info. on this.

    I hope that I was able to help. Goodl luck to you!!!
     
  9. JenPooh

    JenPooh Virtuoso

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    Ponypal, how does FMLA work for maternity leave? Is that something everyone is entitled to or are there stipulations with it? I'm not sure I would be able to benefit from it since I am self-employed. Does that matter?
     
  10. Mrs.Meow

    Mrs.Meow Rookie

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    As JenPooh stated, our school spreads the money out over the summer, just like another district I worked at. The difference is, at this school I don't have a choice, they pay us in even paychecks over the entire school year for the days we worked during the academic year.
     
  11. hanvan

    hanvan Connoisseur

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    Oh I know this one...I almost had this problem and I looked into it

    To qualify for FMLA there are three requirements...ALTHOUGH NOTE THAT THEY DO NOT HAVE TO PAY YOU BUT GIVE YOU THE TIME OFF!!!

    1. have at least 50 employees
    2. You must have worked there for at least 12 mths (teachers are ok for this)
    3. Must be a full time employee

    I took FMLA since my school doesn't have materity leave but I didn't get paid for about half of it
     
  12. DizneeTeachR

    DizneeTeachR Virtuoso

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    Hanvan it's 12 months or so many hours...I think 1250 for some reason comes to mind!!
     
  13. hanvan

    hanvan Connoisseur

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    Your right...1250! Can't believe you remember that :)

    I could use my sick days but I didn't have enough so I def. got docked some
     
  14. Danny'sNanny

    Danny'sNanny Connoisseur

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    So your pay is spread out into even paychecks throughout the year, and they aren't going to give you your summer paychecks because you're on maternity leave?
    Am I misunderstanding this?
    No one is working during the summer, it's money you've already earned, it's just shifted around a little so you don't have to go months without a paycheck!
    I can understand not paying you for school hours you aren't there, but summer paychecks are money you've already earned!
    Or am I reading this wrong...?
     
  15. Ali

    Ali Companion

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    Mar 26, 2007

    This has happened to people in my district. They all had to come back to work on that last day of school in order to get paid over the summer--STUPID! This will be pretty impossible for you considering you may be giving birth that day! This is a tough one...
     
  16. hanvan

    hanvan Connoisseur

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    For us we get paid over the summer...its spread out evenly reguardless. It only affects us during the school yr if we miss a day or take leave
     
  17. Mrs.Meow

    Mrs.Meow Rookie

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    Danny'sNanny,
    You read it right. Therein lies the absurdity. I offered to come back soon after the baby was born with my husband and mom to do the end-of-year checkout, just so I could get paid...They won't let me because the school's stipulation is that maternity leave lasts a minimum of 4 weeks after baby is born...it really stinks...glad I won't be there after this year (but they don't know that)
     
  18. teachingmomof4

    teachingmomof4 Groupie

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    We are paid a yearly salary but it is spread out over the 12 months. I had to take maternity leave (2 years in a row) and used my sick days. They just docked the rest of my paychecks for that school year (each one the same amount) to cover the days of lost pay. I would agree with Danny's Nanny...that is money you have already earned. I would check into it.
     
  19. hanvan

    hanvan Connoisseur

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    Thats how it is at our school...we already earned it.
     
  20. Ponypal

    Ponypal Comrade

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    Mrs.Meow- If you do not have a union, is there some kind of "union-like" representative that you can go to? How about human resources? It needs to be in writing somehwere that states "that you will NOT receive YOUR EARNED income for the remaining summer checks, IF you leave to have a baby." I think that if this was not a policy in effect prior to your situation, then I think you will have to be given what is rightfully yours. I'm wondering if you should look into fair employment practices with your local employment board. Do you have any friends or parent's of your students who is an attorney?

    Since you are taking your leave at the end of the school year, things are a bit different for the actual maternity leave. Under a regular situation, a mother would receive 4-6 weeks off for a "regular" birth and 8 weeks for a c-section.

    When I left the pre-school for the birth of my first child, my employer did not want to pay for my maternity leave. I had known my rights prior to my leave and had done my research. He was pretty much of a _____- fill in your choice word here. Anyway, I had to take my case to the labor board in the nearest city. I had 8 weeks off due to a c-section, and I made sure that I got paid for disability time off. Teaching in the pre-school is a 12 month position, unlike public school, so I came back after I was ok'd by my doctor.

    In the school that I teach at now, we get our summer checks, on the last day of school. I wasn't there because of maternity leave with my second child, so they were mailed to me. (summer checks- made up from $ set aside from the rest of the year's checks)

    JenPooh-The FMLA states that an individual is entitled to take 12 weeks off with the guarantee that you'll have a job when you return. I didn't receive any money during this time. Do you have other people who will run your facility while you are on leave? I'm thinking that you may have to look into the labor laws to see if you will be able to get disability pay while you are out. I hope that you can.

    Good luck to both mommies!
     
  21. JenPooh

    JenPooh Virtuoso

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    I am certain they will end up not paying me anything. I run an in-home...it's only me. A girl I go to church with will be taking my kids while I am off. I have been running my preschool and daycare for 3 years now, but I am certain they would look at me and tell me I could take the kids back whenever I wanted if I needed the money, or something of the sorts. In the end, it has nothing to do with not having a job or anything when I return, or about having the leave because I have already worked it all out, I was just curious if there was a true way of getting money while on my leave (I'm taking 2 months)...but I'd probably be wasting my time and energy for nothing. It's a nice thought though. Maybe I'll look into the labor laws just out of curiosity, but I wont go as far as to fight anything. Thanks! :love:
     
  22. DizneeTeachR

    DizneeTeachR Virtuoso

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    Hanvan...it was a big issue and I seemed to be the only pregnant teacher willing to ask a lot of questions!!! Seems silly me being a 1st year teacher & others were already tenured. Oh well, everything turned out. I actually got 2 extra wks, because I was having migranes & my midwife asked me how much longer I would like to have off!!! I asked for 2 wks and it was no problem for her to write it up....just docked more of my pay!!! Oh well it was worth it!!!
     

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