Is My Job in Jeopardy?

Discussion in 'General Education Archives' started by Mrs_L, Jan 21, 2007.

  1. Mrs_L

    Mrs_L Rookie

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    Jan 21, 2007

    I have a question about excessing.
    I am pregnant and about to go on maternity leave.
    My principal just recently told me that she may not be able
    to hold my position open due to my upcoming absence. She
    may have to dissolve my position, and it may not be
    available when I return.
    Can she do this?
    (By the way, she told me that she's never heard of a teacher
    taking the entire 6 week maternity leave, because teachers
    are usually eager to return to work and service their
    students. Oh, and she also told me that any leave beyond 6
    weeks was a disservice to the kids I teach.)
    I need advice, quick... I am in my 9th month.
     
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  3. loves2teach

    loves2teach Enthusiast

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    Jan 21, 2007

    Are you in a union... If yes- I would speak to my union rep asap.

    Every place has different rules, but it sounds to me that your principal is wrong/bulling you.

    Good luck!
     
  4. Mrs_L

    Mrs_L Rookie

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    Jan 21, 2007

    Yes, I am part of the teacher's union. I spoke with them right away.
    Currently, they are calling her and she is not picking up the phone. So far, that's all I know. This is very recent, I don't know how fast they will move on this or what they can do. It has been very tense at work in the meantime.
     
  5. turtlegirl

    turtlegirl Companion

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    I have heard of situations like this but it must be illegal.... just stick with the union.. that is why we pay our dues... they can work on this even when you have started your maternity leave... i took 8 weeks and 9 weeks for both of my children.... it's not an injustice to anyone!!!! it would be an injustice if you came back to teach before you were ready... to your child and the student's you teach.... don't let them bully you!!! But let your union take care of this so that you can worry about that baby!!! Good Luck
     
  6. MissFrizzle

    MissFrizzle Virtuoso

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    your principal is bullying you into statying. Take your leave. It sounds like she's a littlle coldhearted, or your school has a high turnover rate.
     
  7. Proud2BATeacher

    Proud2BATeacher Phenom

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    Jan 21, 2007


    The principal at my friends' school hated her (she was one of those teacher's that spoke her mind when asked her opinion and questioned the principal over changes he was making). The principal dissolved her position when she left on maternity leave. He had to offer her another position in another grade but she did not want it (she only wanted to teach french and religion). Due to her contract the school district had to continue paying her until she found a job at another school. She does love her new school.
     
  8. Aliceacc

    Aliceacc Multitudinous

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    Jan 21, 2007

    Document everything and keep on your union rep.

    I know NO ONE who took less than 6 weeks. Right now, my department (not "building"-- "department") is looking at 2 maternity leaves starting the same week in February, one more in April. (Plus one of the guys whose wife is due a week later in February, so he'll miss a day or two.)


    In 2000, another math teacher and I had our girls a day apart-- and again there were double maternity leaves for the same department. (And mine was Precalculus and Intro to Calculus-- not easy to cover!!)

    It's something that happens when you hire young (cheaper) teachers. Your principal should be well aware of that.
     
  9. Mrs_L

    Mrs_L Rookie

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    It sounds like you guys are right... she wants me to come back earlier and thinks I won't question her about my rights.

    I will take my 6 weeks, but I am a little put off by the threat of excessing. However, if it means that I could work somewhere else, maybe that will be better... I'm sure she'll do her best to give me hell when I return from my leave if my job is still available.
     
  10. ctopher

    ctopher Comrade

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    Jan 21, 2007

    Here is the link to the page about Family Medical Leave. You're clearly covered and I also know nobody that has taken less than 6 weeks. That's just crazy not to!
    http://www.dol.gov/esa/whd/fmla/
     
  11. buckmeb

    buckmeb Rookie

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    You take care of yourself and your baby! Take the full time available. This isn't a vacation...it's medical leave. Would she say this if you had any other kind of medical situation? Probably not.
     
  12. Lesley

    Lesley Habitué

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    She is way off base. You take your six weeks and relax and enjoy bonding with your child. If you have a contract with the district you are guaranteed a position. I took 6 or more weeks with my first 3 maternity leaves, all the teachers I know who went on maternity leave took at least 6 weeks. I know of one who took a year. she was guaranteed a position in the district when she returned but not necessarily in the same place. This principal is WAY off base. Next time the principal talks to you you need to have someone with you preferably a union rep. Make sure if your Union tells you to file a grievance you do so or even suggest to your rep that you want to file one.
     
  13. KinderKatie

    KinderKatie Companion

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    It is the law that you be given your job back when you return after your 6 weeks maternity leave.

    Who would take less than 6 weeks to hurry back to their students?? That would be a disservice to your OWN child!

    Geesh, sounds like a bully.

    Finish your year and then look for a new school in the fall!

    Good luck.
     
  14. Rosieo

    Rosieo Enthusiast

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    Jan 21, 2007

    SOme doctors won't even release you until 6 weeks. We had a teacher that wanted to come back after 4 weeks (because of $$$) but her doctor wouldn't give the OK so our district couldn't take her back.
     
  15. Mable

    Mable Enthusiast

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    Hmm. I "lost" my job after I was only with the school 1 year and I had no leave built up or anything. So, after I decided to return to the same school I had to go through the interview process and start over. It was a pain!
     
  16. Upsadaisy

    Upsadaisy Moderator

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    I think that the law says that they must hold a job for you, but not necessarily the same job you had when you left on maternity leave.
     
  17. kimrandy1

    kimrandy1 Enthusiast

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    I took three months with each child (I have three kids). Twice, these months meant that I missed the start of the school year and didn't start with my kids until after Thanksgiving. Taking less than 6 weeks almost guarantees that you'll be too stressed out (mentally and physically) to be a good teacher OR a good mom.

    Your principal seems selfish and mean. Definitely investigate the FMLA leave provisions. In most cases, employers with over 75 employees MUST grant at least 12 weeks off for maternity leave, and must guarantee that your job will be waiting for you when you return. Moreover, it's illegal for a boss to question you about your return date. I learned that when I had a difficult group of parents who were incensed that I was missing the first months of school, and they tried to get me removed from the classroom for the year. The principal told them, point-blank, that she wouldn't and couldn't question me about my leave plans, and that she would be breaking many laws by replacing me while I was gone.

    I'm sure it does happen, however, but I want you to do some investigation about it and be willing to fight for your job if you want it!
    Kim
     
  18. czacza

    czacza Multitudinous

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    Jan 21, 2007

    This is definitely harassment and the principal should not be pustting pressure on you about your family-leave return. There are state and federal guidelines delineating your rights.

    That said, if you are non-tenured, you can be cut in some districts with VERY LITTLE reason. It's easy for admin/school boards to not re-hire non-tenured. It's against the law for them to not rehire you because you had a baby, but they can not re-hire you and make it look like they had other reasons.

    It's good you got your union in on this. Let us know how it turns out.
     
  19. La Profesora

    La Profesora Cohort

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    She may have to dissolve your current position, but she cannot legally take your job away from you for maternity leave. That would be illegal. She must provide you with a comperable job at the same pay when you return.

    Check district policy, contact your union rep, and ENJOY YOUR TIME WITH YOUR NEW BABY!!!! Family comes first, so don't let her manipulate you!

    Good Luck!
     
  20. lteach2

    lteach2 Cohort

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    Goodness-everyone I've known has taken AT LEAST 6 weeks and the schools have not had any problem with it.
     
  21. Miss W

    Miss W Phenom

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    I'm not sure about NY, but in Arkansas:
    The only possible loophole that might be found would be if your contract ends during your leave. If so, and you are not tenured, then they have to tell you by a certain date (May 1st for normal track schools) that they are not renewing your contract. They must have valid reason for this, and not because you were pregnant and taking your maternity leave.
     
  22. czacza

    czacza Multitudinous

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    Which is what I was going for in my post- nontenured in most districts can be 'let go' at the end of a contract for very little reason (maternity would not be a valid reason, but they can let you go stating 'budget' or you weren't a fit for their needs, etc)
     
  23. ms_chandler

    ms_chandler Comrade

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    Wow, that's horrible AND illegal. What a crazy fool to work for!

    Just wondering... how do teachers get paid during maternity leave? Is it the same salary or a percentage of it? I was just wondering because someone mentioned in a previous post about a teacher wanting to return after 4 weeks because of money. I just assumed teachers got full pay. I'm not pregnant, not will I be any time soon. I was just wondering...
     
  24. kteelou

    kteelou Rookie

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    Jan 22, 2007

    I am in a school where we have 2 K. teachers both going on maternity leave within about a month from each other. Both of them are taking 12 weeks maternity. (6 weeks with pay, 6 weeks without) I absolutely do not think this is a disservice to your students! You need to take care of yourself and your new baby; that's what is most important. Your students will be taken care of whether you are there or not. Good luck!!
     

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