2nd Trimester

F/U: FMLA ? for teachers

FMLA protects your job for 12 weeks....I got that part.  But, here's my question...are those 12 weeks when you are "under contract" or are they 12 weeks from when the baby arrives.

ie. I am due August 17 but teachers are not supposed to report until Aug.23.  So, is the first week, when I'm not under contract, part of my 12 weeks?

 Thanks!

Re: F/U: FMLA ? for teachers

  • For me in NJ it is 60 working days. not school breaks, days off, etc. I am due in July and will take my FMLA sept 1- dec 3

     

  • Not sure how it is in Maryland--but I'm an administrator in TX so I'll take a shot. Here your scenario with the 1st week when you technically are not reporting for duty would not count toward 12 week. Here we are contract for 'x' amount of days (say 187). But teachers paychecks in TX are still spaced out over the 12 month period. So since you wouldn't fill in an absent from duty form/request--- you are not requesting days.

    Clear as mud? Curious how Maryland might differ though.

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  • I am doing this as well. You can take 12 weeks starting on the 1st day of school, but you can't get paid. You can only get paid for 8 weeks after your due date and the rest is unpaid. I am due in July and so I get the 12 weeks but all unpaid. I am going back Thanksgiving week.
  • In PA you get 30 SCHOOL days for vaginal and 40 days for C-section.  You can use your sick and personal time so that you get paid for those days.  If you go beyond those days you will not get paid and you are protected under FMLA through 12 weeks.  Those 12 weeks begin as soon as you have the baby.
  • image LBIgirl79:
    In PA you get 30 SCHOOL days for vaginal and 40 days for C-section.  You can use your sick and personal time so that you get paid for those days.  If you go beyond those days you will not get paid and you are protected under FMLA through 12 weeks.  Those 12 weeks begin as soon as you have the baby.

    So if you have a baby in the middle of the summer, then your "12 weeks" starts then?  Or Day 1 is the first day of school?

    ETA: I'm in TX, so "Day 1" doesn't start until my first contract day... (which happens to be the week I'm due, lol!)

  • Yup, if you have the baby in the middle of the summer, that is when it starts. At least that is how it is with my school district.
  • We have "training" the whole week before school starts-so that's when our contract begins...I'm in SC so it's probably different for you.
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  • In our district, your "maternity leave" starts the day the baby is born. So if I deliver before the school year starts, my first 6 weeks of "recovery" still starts before our first day. I would still get my 12 weeks, but they would start from the birth day and not the first day of school...

    I would double-check with your district to make sure you understand their policies. I received a letter that details my leave as well, did you get something like that?

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  • I would check.  This is a federal law and doesn't vary from school district. They can't count summer vacation as leave time.  Here is a link that explains it further. http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.200.htm Look at the last part, h.
  • I am a teacher in MD as well.  And as I understand it, if you are due in the summer your leave starts from the day you deliver, it doesnt matter if that June, July, October.. whatever the day that is when your leave would start.  I am due in September and we start Aug 23 as well, I am hoping to go to school for a few weeks, then take all my sick time (total of 2 1/2 weeks off) then take FMLA, you can do that, I specifically asked HR about it.
  • Definitely ask your HR department.  Our union has negotiated with the Board of Ed to have the 12 FMLA weeks begin after  your 6-8 paid maternity time.  So, theoretically, you could end up with 20 weeks off and 12 of them unpaid.  I'd certainly ask.  It seems to vary from place to place.
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  • image jackieb3858:
    I would check.  This is a federal law and doesn't vary from school district. They can't count summer vacation as leave time.  Here is a link that explains it further. http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.200.htm Look at the last part, h.

    FMLA are leave days that can be taken either together or sporadically throughout the year (not to exceed a total of 12 weeks).  They are unpaid days.  They are NOT maternity leave days, nor sick days.  They only secure your position.  Maternity leaves and sick leaves vary from not only state to state, but from school district to school district.  That is usually a part of a contract agreement between the teachers (union or not) and the District.  You should check your contract and your HR/Personnel dept.  But be assured that if you have a baby in the summer, you will not need to use FMLA days at all.  They only cover days of service (not holidays, vacations or any days you are not required to physically be at work.  Your FMLA  days will begin the very first day you should be at work.

    Hope this helps.

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  • image lisajay09:

    image jackieb3858:
    I would check.  This is a federal law and doesn't vary from school district. They can't count summer vacation as leave time.  Here is a link that explains it further. http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.200.htm Look at the last part, h.

    FMLA are leave days that can be taken either together or sporadically throughout the year (not to exceed a total of 12 weeks).  They are unpaid days.  They are NOT maternity leave days, nor sick days.  They only secure your position.  Maternity leaves and sick leaves vary from not only state to state, but from school district to school district.  That is usually a part of a contract agreement between the teachers (union or not) and the District.  You should check your contract and your HR/Personnel dept.  But be assured that if you have a baby in the summer, you will not need to use FMLA days at all.  They only cover days of service (not holidays, vacations or any days you are not required to physically be at work.  Your FMLA  days will begin the very first day you should be at work.

    Hope this helps.

    In our school district, you can take 12 weeks of leave total in one year and still maintain your job, but your "maternity leave" which cannot exceed 8 weeks straight (I don't lose a sick day for a holiday, but it still counts for the 8 straight weeks) starts from the day you give birth.  You may be able to take 12 weeks, but they can limit how much sick time you are able to use for paid leave.

    Definitely check your contract and talk to HR - the sooner the better!

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  • I am a teacher in PA, due in July.  According to our district, unpaid maternity leave (FMLA) starts day one of school.  We are allowed up to a year of unpaid, but I will get health insurance for 12 weeks starting day #1.  (We get paid year round so a lot is prorated.  Definately check with both HR and a union rep.)  Good luck!
  • I am a teacher in Philly and our time doesn't start until the 1st day of school if you have the baby in the summer. But you dont get any pay in the summer. If the baby is born during the school year we get 6 wks or 8 wks depending on delivery. It is paid using sick days first and then if you have wage continuation. We can take a total of 89 days and medical continues but the pay is only for the 6 or 8 wks. We can take up to 4 yrs leave but no pay or medical after the 89 days.

    They don't make us fill out the FMLA paperwork unless the principal is complaining since everything is in our contract.

    So you really need to talk to your HR dept, union or employee health dept. 

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  • image dhannon4:
    I am a teacher in PA, due in July.  According to our district, unpaid maternity leave (FMLA) starts day one of school.  We are allowed up to a year of unpaid, but I will get health insurance for 12 weeks starting day #1.  (We get paid year round so a lot is prorated.  Definately check with both HR and a union rep.)  Good luck!

    What is the district you teach in, if you don't mind sharing?  My district and the surrounding ones all have the same policy that because we are full time salaried employees, regardless of if we are actually in front of students, the first day of FMLA begins the day the baby is born. The first 6 weeks for vaginal birth is paid for through sick/personal time accrued and then the remaining 6 weeks is unpaid FMLA.  We can take up to 2 consecutive semesters off with board approval, but after that we either have to come back or face job security issues.

    I'm going to try to take the first semester off next year. I wish I could take the whole year.

  • image LBIgirl79:

    image dhannon4:
    I am a teacher in PA, due in July.  According to our district, unpaid maternity leave (FMLA) starts day one of school.  We are allowed up to a year of unpaid, but I will get health insurance for 12 weeks starting day #1.  (We get paid year round so a lot is prorated.  Definately check with both HR and a union rep.)  Good luck!

    What is the district you teach in, if you don't mind sharing?  My district and the surrounding ones all have the same policy that because we are full time salaried employees, regardless of if we are actually in front of students, the first day of FMLA begins the day the baby is born. The first 6 weeks for vaginal birth is paid for through sick/personal time accrued and then the remaining 6 weeks is unpaid FMLA.  We can take up to 2 consecutive semesters off with board approval, but after that we either have to come back or face job security issues.

    I'm going to try to take the first semester off next year. I wish I could take the whole year.

    I also teach in PA. Our FMLA starts the first day of the new contract year.   

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  • Here in WA, FMLA applies for the 8 weeks after birth (through the first three weeks of school) but I can take more time off using my sick leave until I run out.   I'll be taking 9 weeks of school off and go back to teaching around Thanksgiving.  Being due in the summer only helps for if I'm using sick leave to pay for the time I take off. 
  • I'm in a different situation, but it's kinda complicated too. I will deliver in October (probably) but I teach at a year round school and we have most of Nov. off.  We don't have maternity leave, but we are supposed to use 5 sicks days, then we can begin Short term disability (6wks for vag. 8 wks for C). Since I won't need all 6-8 weeks and I only get paid at 67% on short term disability I plan on ending it early after I go on break in Nov.  after the kids return in Dec. there are 3 school week until Christmas break, for which I plan to use FMLA.  FMLA I believe is a federal law that states you can take 12 unpaid weeks (consecutive or unconsecutive) within a 12 month period. So based on that I would think that you would not have to start it until YOU want to. Check the law, before you talk to HR. I really hope you don't have to take it until contract days begin!
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