This CANNOT be legal...?

SarenaF

Would it not be a violation of FMLA if I was cut (reduction in force) as a result of having children?

I am a high school PE teacher (in a dept of 6) with solid background (7 years exp, dept chair, National Boards) and have served as a head coach of 3 sports over 4 years.  I have asked to take a leave of absence from coaching volleyball this fall.  I was told today that there is no use for a PE teacher who does not coach... regardless of the reason, and I will likely be cut.  Mind you, I will still be on maternity leave at the beginning of the fall sports season (August 1).

I'm irate!  Is this a violation of FMLA or am I just SOL?

KOscar

I found the below that describes what FMLA does.  It sounds like they can't cut you once you're on FMLA, but your job wouldn't be protected until then.  I think it would be legal (although really crummy of them) to cut you before you go on leave or when you come back.  I'm not a lawyer though so hopefully you get a reply from someone with more of a professional reply.  Good luck to you though!

1. Protects your job while you are off work caring for either yourself or a family member with a serious medical condition so that your job will be available when you can return to it; and,   2. Requires employers to continue your employee benefits in the same manner as it did when you were working.

anakalia10

Honestly, don't take advice from a message board.  Call an attorney in your area that deals with employment law.

NatesWife81510

I'm not sure that it would be a violation of FMLA. FMLA simply states that you are allowed to take up to 12 weeks unpaid leave in a year and must be given your job back or a job of similar pay & duties.

This sounds like they may be attempting to cut the workforce? If so then you would have to look at your contract with the school as far as layoffs/workforce reductions...i.e. typically they lay or fire those with the least amount of years with the school/department etc...regardless of that person's specific qualifications. So if you are the newest PE teacher on the department then they could get around the law say they are reducing their workforce effective x date and they reduce by those with the least amount of time.

If you are not the newest person on the department and are the only one being told this, then you will probably need to contact a lawyer....or I believe we might have a few lawyers on our board here that may help you.. 

tosababy

Consult an employment attorney.

jesh1111

That has to be illegal! If I were you I wouldn't not only be googling this but calling a lawyer too. 

 

mbritto4

Are you in a teachers union? I know my friend who teaches got to take a year off and come back to a job in her district (but not her original). She was to the minimum time of employment required for that benefit.

duhdaisy86

tosababy:

Consult an employment attorney.

this definitely!! 

Mrs.Leah.Maria

annekelia10:

Honestly, don't take advice from a message board.  Call an attorney in your area that deals with employment law.

This. Unfortunately, we'll only give you speculation. I'm so sorry that this happened and agree that it seems absolutely terrible and illegal, but please consult a lawyer.

HJOHNSTON411

Do you have a lawyer or teacher's union rep that you can speak to for advice?

My husband is not an employment lawyer specifically, but he did tell me this -

They cannot eliminate your position while you are on leave, or because you need to take leave, due to maternity leave.  However, they can eliminate your position IF they offer you a similar position upon your return from leave. 

Also, if you were hired to coach and teach, and they are facing budget cuts in your department - they may be able to eliminate your position if you are unable to coach.  The reason being that coaching was considered part of your 'normal and expected job responsibilities' that you have now become unable to perform. 

FMLA is designed to protect your right to go on leave and return to your 'normal' job.  However, after your leave, they have a right to expect you to resume all 'normal' functions of your job.  Granted, you would think they might have a heart and let you sit out one season - but technically I don't think they have to let you.

But, I would try to find someone to speak with to make sure you're completely covered.

goteamgo

Talk to your union ASAP.

riskito

annekelia10:

Honestly, don't take advice from a message board.  Call an attorney in your area that deals with employment law.

This! 

Jennifer2008

riskito:

annekelia10:

Honestly, don't take advice from a message board.  Call an attorney in your area that deals with employment law.

This! 

 

This -- and good luck! I'm so sorry this is happening. Keep us posted  

SarenaF

Thanks for the opinions.  Unfortunately, NC is not a union friendly state.  I'll be consulting a lawyer about this definitely, but just had the meeting today, so I'm completely frazzled.

One post mentioned time on staff (as a factor in RIF)- I have tenure and have seniority in the department.  I am also not contractually bound to coach.  I'll update if there is anything to update.  I may be in limbo until May when they renew contracts.

aozmomma

I recommend what the others have said, but also was just going to see if it would be possible for you to find someone to stand in for you until you are back fm leave? It might be a way to dodge a bullet. My friend coaches cheerleading and was told that she would have to find someone to coach for her while on Mat leave. She didn't find anyone so she just kept on coaching but didn't teach until her time was done for leave.

bdutton0005

Contact an attorny. But if they terminate you before leave and don't really say its because you are pregnant and you don't have anyone else that has had a problem because of being pregnant its going to be hard to prove anything. You have rights ( the same as someone with a short tem disability) while you are pregnant but they are very hard cases to prove ecspecially with a school system.

amygoable

I'm pretty sure they can't fire you for pregnancy, FMLA or no. Pregnant women are a protected class. Even if it makes you temporarily unable to do the job (which I doubt it really would besides delivery/recovery), they can't get rid of you for the pregnancy. Tell them you'll sue if they do.