South Jersey Babies

NJ teachers - leave question.... again

Hi Ladies,

I don't know why this is so confusing but it is.  It's not spelled out in my contract clearly and some of the laws have changed in the past few years.  I'm being told that I get 6 weeks of FMLA (paid with benefits if I use 30 sick days) and then 6 more weeks with benefits under NJ Family Leave Act.  It seems to me that I should get the 6 weeks under FMLA for my "disability" of giving birth.  THEN I should be allowed to take 12 weeks under FMLA (benefits but no pay) to care for a newborn.  It seems like my district wants me to take them concurrently but I don't think I have to.  Anyone else thinking the same thing?  Any documentation to back this up?  Thanks!!

Re: NJ teachers - leave question.... again

  • I'm not 100% sure how it works either honestly. But, here's what my district is allowing: 

    Use of 20 sick days (to get some pay) then FMLA (unpaid, just holding my job) to get me to January after winter break

    I'll file for NJ Family Leave Insurance once my 20 sick days are up so I'll get that pay.  

    I'd talk with both your union president to see what past practice was, as well as your board office to see what they'll allow. Good luck!  

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  • it may be totally different for teachers, but the FMLA disability (6 wks) and leave (12 weeks) run concurrently for my company at least, so six weeks of disability pay and 6 wks unpaid, but safe job. I thought the NJ FMLI was just the 6 wks.

    I was out until my daughter turned 4 mos and went out 2 wks before her birth, so approximately 18 wks total (12 FMLA  + 6 NJ FMLI).

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  • Call your union president and see what past practices are.  Some districts have funny quirks.  I actually fought our board on one of  their past practices policies and won.  I had the twins in June and had enough sick days/family leave days to put me out for 4 months and they wanted to pro-rate the sick/personal days that I would be getting for that school year since I technically wasn't starting they year. 

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  • Not all NJ teachers are eligible for the NJ family leave due to your contracts, etc.. Just an FYI.
  • I know this is late, but all districts are different.  I got 6 weeks disability (paid only because I had disability insurance, then immediately following I got 6 weeks NJFMLA (paid at 60% or 66% of your pay for the 6 weeks), then after that I got either 6 or 12 weeks unpaid under NJFLA (I don't remember if it is 6 weeks or 12 weeks).  Because I had DD in March, my maternity leave carried over from the end of the school year 2010-2011 to the beginning of the 2011-2012 school year.  My leave started March 18th and ends October 25th.  DH and I can't afford for me to stay out until 10/25 so I will be going back on 10/3. 

    But, I agree with PP's, contact your board president and the head of your HR department.  Good luck!.

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