Is anyone here well versed in FMLA?

awillis13

So My official start date at my current job was August 15 of this year.  In MA I am eligible for 8 weeks of parental leave after 3 months of employment.  Not that it matters because I will be on summer vacation anyway (teacher).  I just counted it out, and I'm pretty sure I would get zero days off, or maybe just a couple - official 2017-2018 calendar hasn't been made public yet (if I deliver on my due date, if I go earlier I defnitely get no days off).  Because my "leave" which is really just my summer break starts before my 1 year mark, does that mean I would not be eligible for FMLA even though we start back the next school year after my 1 year anniversary?  I'm wondering If I can get the extra 4 weeks because of everything starting potentially after my contract for this current school year.

tmrussell

You definitely have to be employed for a year. I am not sure the ends and out with you being a teacher and if you have baby while on break how that would work. You might have to ask your HR person. 

michaela0704

There has to be more than 50 employees  (at your site) and to have been employed for a year.  Now how that is applied to education contracts... not sure.  As it is a nontraditional work calendar and what all is considered a 'site' as part of a school district.

awillis13

Oh there's definitely more than 50 employees at any of the schools.  It's more the non traditional work calendar that I'm curious about.  Obviously I'm going to talk to someone next week, I was just working on my letter for HR and trying to figure it out.

it could all be a moo point anyway, if I'm planning on trying to change jobs I'm going to have to start back at the beginning of the school year.

kahlan82

@awillis13. Your HR should have a person specially designated for this. My school district does. We are required to meet with them 2 months before our due date. I can speak on my experience (NC) but get up with them to verify.  I am planning to take 3 months of leave at the beginning of the 2017-18 school year (Aug-Nov). I will not be allowed to burn sick leave because sick leave for that portion because I can only use it for the first 6 weeks (vaginal) or 8 weeks (c-section) after the baby is born. I will use vacation days, personal days, and then go unpaid (I have a separate short term disability plan to cover that part.)  If baby comes before school is out this year it won't count against my 3 months in the fall unless I am out for more than 10 consecutive days. School maternity leave is crazy. I have also worked for my district for several years. However, I believe your "year" is based on the day HR hired you and not your first day with students.

awillis13

@kahlan82 we're only allowed to use sick days for the first 8 weeks too, so I would be using my STD if I take any time off past 8 weeks for next year.  Maternity leave with schools is definitely crazy.  Like I get that it starts when I deliver, but TECHNICALLY, I already don't get paid for the summer, so it should start with my first paid day back (my own personal opinion, and the opinion of the school law professor I took a class with a few years ago).  I know no schools do it that way though.  It's most likely that maternity leave won't even apply to me, since it will be all summer (yet another reason why I wouldn't mind going a little early, so I can get more time with baby)

kahlan82

@awillis13  the whole thing annoys me. DH gets 3 months paid paternity leave (which is great and will take it after my leave is done).  He can burn whatever time he wants, sick/comp/vacation AND he doesn't have to provide lesson plans.  His leave is better than mine. 

awillis13

@kahlan82 the position I have this year is not directly working with kids, so at least I don't have to worry about leaving lesson plans anymore, but I'm probably going to be expected to do the legwork for getting meetings scheduled, etc, for the first few weeks of school before I go on leave.  It is a downside to teaching.  The other thing that bugged me was after I had my first, my leave spanned across 2 of our school vacation weeks, but those 2 weeks counted toward my 12 weeks of leave.  If I'm not technically paid for them, I shouldn't have to count those weeks in my leave.

hopeful808

My district at the time had an hours worked requirement due the 10 month employee schedule of teaching. In my current district, FLMA benefits year begins July 1st, so if I go out early this year I can still take the first 12 weeks of the next year. I would speak to your union and HR. 

rmarble23

https://www.mass.gov/portal/employment/workplace-support/family-and-medical-leave-act-in-massachusetts.html

according to this page its a year and certain number of hours.  I had a co worker that didn't quite qualify for fmla but she was at least able to get STD and then my hospital has an employee assistance program and gave her a couple weeks pay as well, not sure if you have anything like that.  if you are union def talk to your union rep and see what they can do or talk to hr

jennas312

I'm a teacher too. Before reaching out to HR, I would reach out to someone in the union well versed in fmla or go to a workshop. Sometimes HR can be known for not telling you everything you deserve (well in my district anyway).
I'm due mid June and will be using sick days before and after. We can use up to 30 before and 30 after, however I will most likely only need 8 after (if baby comes on her due date) and 10 or 14 before.
 
Summer break in Nj is June-August, so those months do not count towards leave.
 In NJ we have something called New Jersey Family Leave Insurance. NJFLAI will start when the school year starts. I am able to stay out 12 weeks (to keep health insurance) and 6 of those weeks I will be paid 2/3 of my salary.  FMLA and NJFLAI will run together. Fmla allows me to keep insurance up to 12 weeks. Nj family leaves allows me to get paid 2/3 salary 6 of those weeks.

I would look into your state and see if they have anything like NJ has. My friend didn't know about it, because no one at her work mentioned it, but now she sees she can stay out longer.
Our contract starts September 1. The plan is for me to return in the last week of November or the first week in December. 

michaela0704

One thing to keep in mind... FMLA is up to 12 weeks based on a rolling 12 months so any employer could have additional policies/practices but the law that protects us to keep our jobs is 12 weeks in a rolling 12 months...

awillis13

@jennas312 MA has guaranteed 8 weeks unpaid for any employer with 6 or more employees, guaranteed after 3 months of employment.  But for our district it starts at delivery regardless if that is over the summer, meaning at best I can get the first few weeks in September but most likely I'll get nothing extra.  

jennas312

awillis13 said:

@jennas312 MA has guaranteed 8 weeks unpaid for any employer with 6 or more employees, guaranteed after 3 months of employment.  But for our district it starts at delivery regardless if that is over the summer, meaning at best I can get the first few weeks in September but most likely I'll get nothing extra.  

Ugh! My district tried that, but I guess they didn't have any official policy on it so our union disputed it and it still starts after 30 sick days, but only our contracted dates. However,  I cannot use sick days in September.  

kahlan82

@jennas312.  I wish a union had been an option for me...right to work state here.. yuck.