South Jersey Babies

Maternity leave laws for teachers in NJ

Does anyone know what our legal rights are?  I was under the impression that we can take up to 1 year and be guaranteed our same position or take up to 2 years and be guaranteed any position.  I can't find any info on NJEA's website though.  I'm a tenured teacher, also..don't know if that makes a difference.  TIA!
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Re: Maternity leave laws for teachers in NJ

  • From what I understand, it is up to your individual district's policy and what they will grant you.  Talk to your union rep and see what prior practice was.  My district used to grant up to 2 years but that all changed with our new superintendent and apparently some people have been told that they can take 12wks FMLA and that's about it.

    https://www.mtea1.org/MaternityLeaveSept09.pdf

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  • I agree - I think the it's up to the individual districts.  I believe I can take a child rearing leave (no benes, no pay) but I think they can dictate that I come back at the start of a new marking period.  We've had a lot of changes in our leadership too so I'm worried.  7 years ago when my friends had babies they were allowed to use their sick days and take months off.  I have a ton saved and they aren't going to do me any good. :(
  • According to the link in the second email, it almost looks like we  could take 4 weeks after the baby is born and then 12 weeks after that.  Does anyone else think that is possible?
  • imageceelee4:
    According to the link in the second email, it almost looks like we  could take 4 weeks after the baby is born and then 12 weeks after that.  Does anyone else think that is possible?

    I'm not a teacher but I was entitled to 4 weeks of of short term disability leave before the baby was born.  This leave was covered under the FMLA.  Once the baby is born the remaining 8 weeks under FMLA would run concurrently with the 12 weeks I'm entitled under NJ Family Leave Act.  So in total I'd have 16 weeks of leave.  Despite all the information regarding this (including a conversation with the Attorney General's office) my employer refuses to believe I'm entitled to anything 6 weeks past the baby's birth.  They're in for a big surprise.

    Talk with your union rep and also the Attorney General's office for more clarification on your rights.  The AG's office was super friendly, supportive and informative.

    Also, Short Term Disability Insurance and Family Leave Insurance are different than FMLA and NJ Family Leave Act.  The insurance plans provide you with money while you're not working and not everyone is entitled to the insurance.  I believe most teachers don't pay into the Family Leave Insurance and instead pay into a private plan through their union.

    I hope you get some answers and I didn't confuse you even more.  Good luck!

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  • imageSgt M's Wife:

    imageceelee4:
    According to the link in the second email, it almost looks like we  could take 4 weeks after the baby is born and then 12 weeks after that.  Does anyone else think that is possible?

    I'm not a teacher but I was entitled to 4 weeks of of short term disability leave before the baby was born.  This leave was covered under the FMLA.  Once the baby is born the remaining 8 weeks under FMLA would run concurrently with the 12 weeks I'm entitled under NJ Family Leave Act.  So in total I'd have 16 weeks of leave.  Despite all the information regarding this (including a conversation with the Attorney General's office) my employer refuses to believe I'm entitled to anything 6 weeks past the baby's birth.  They're in for a big surprise.

    Talk with your union rep and also the Attorney General's office for more clarification on your rights.  The AG's office was super friendly, supportive and informative.

    Also, Short Term Disability Insurance and Family Leave Insurance are different than FMLA and NJ Family Leave Act.  The insurance plans provide you with money while you're not working and not everyone is entitled to the insurance.  I believe most teachers don't pay into the Family Leave Insurance and instead pay into a private plan through their union.

    I hope you get some answers and I didn't confuse you even more.  Good luck!

    Ditto all of this. I was out on leave until DD's 4 month "birthday" and it was perfect. I don't know how that would work with summers for teachers, etc.

    Good luck! 

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  • imagePanda53321:

    From what I understand, it is up to your individual district's policy and what they will grant you.  Talk to your union rep and see what prior practice was.  My district used to grant up to 2 years but that all changed with our new superintendent and apparently some people have been told that they can take 12wks FMLA and that's about it.

    https://www.mtea1.org/MaternityLeaveSept09.pdf

     

    This....it is definitely up to your district. Each one can be different. And I don't know of any that allow a year, let alone two!!!!!! (Lucky if that's true for your district!) Most districts it's 6-12 weeks depending on whether or not you have a C-section...... 

  • I think it is def. up to your district to decide.  I had my daughter in May.  I went out on leave on April 28th, so 4 weeks before her due date.  I am not going back to work until November 14th.  I technically took off 7 months, but because of the summer, it isn't that much time.  I do know that in my contract, we are supposed to come back from extended leave around marking periods.  That is why I have the random date of Nov. 14th.

     My district allows us to take the first year as FMLA, caring for the child, and the 2nd year is allowed too, but it just guarantees a job..not your specific job.  I thought that was a pretty common practice for most districts, but I could be wrong. 

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