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October 2015 Moms
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Any teachers out there? Maternity leave FMLA Question...

EVB9EVB9 member
in October 2015 Moms
Have you talked to HR yer about your leave? How does it work being that we are already off over winter break for 2 weeks? FMLA covers WORK days so it technically shouldn't count toward your leave. Lmk if anyone has any info! :)
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Re: Any teachers out there? Maternity leave FMLA Question...

  • CamiB30CamiB30 member
    I haven't talked to HR yet, but I know ladies who have taken maternity leave and used FMLA (that's the only option we have in our county for maternity leave). I'm almost positive it doesn't count during any school breaks, but don't quote me on it! That's on my list of things to ask, as well as how snow days work ;)
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  • ilikestars089ilikestars089 member
    Thanksgiving and winter break don't count for FMLA! My HR rep was so nice and helpful. I haven't put in my official papers yet but it was relieving to hear my options and see it on a calendar.
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  • SpoxieSpoxie member
    It will depend on your union contract, but mine definitely doesn't count the winter break days. Free time off!
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  • crbpjbcrbpjb member
    Breaks and days off do not count.
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  • lauralise81lauralise81 member
    Ditto! It's basically like 14 weeks rather than 12!
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  • MamaPauliMamaPauli member
    Mine does not count against my leave. I get 90 school days so I will have a full 5 months off because of Thanksgiving, Winter and Spring Break. I also recently found out that I will be responsible for covering my insurance premium while I'm on unpaid leave, which is super expensive and a big bummer.
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  • leighann1leighann1 member
    My school counts working (contract) days. This is 60 work days for FMLA. Holidays, breaks, and snow days do not count against the 60 days.
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  • EVB9EVB9 member
    Thank you all!!
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  • kwaz01kwaz01 member
    Is there a website that explains it is 60 working days and not just 12 weeks? My hr says it is 12 weeks which means Christmas break would be included in that.
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  • leighann1leighann1 member
    kwaz01 said:

    Is there a website that explains it is 60 working days and not just 12 weeks? My hr says it is 12 weeks which means Christmas break would be included in that.

    Found it!! It's Subpart B, 825.200, Amount of Leave. 

    It states: 

    (h) For purposes of determining the amount of leave used by an employee, the fact that a holiday may occur within the week taken as FMLA leave has no effect; the week is counted as a week of FMLA leave. However, if an employee is using FMLA leave in increments of less than one week, the holiday will not count against the employee's FMLA entitlement unless the employee was otherwise scheduled and expected to work during the holiday. Similarly, if for some reason the employer's business activity has temporarily ceased and employees generally are not expected to report for work for one or more weeks (e.g., a school closing two weeks for the Christmas/New Year holiday or the summer vacation or an employer closing the plant for retooling or repairs), the days the employer's activities have ceased do not count against the employee's FMLA leave entitlement. Methods for determining an employee's 12-week leave entitlement are also described in §825.205. See §825.802 for special calculation of leave rules applicable to airline flight crew employees.
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  • leighann1leighann1 member
    I do not think the 60 working days is a federal requirement but more like an interpretation that my district goes with. But the regulations do clearly state that Christmas break should not count. 

    You may also want to look up your district's board policies. They should be published somewhere and may be helpful. 
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  • nbpa3027nbpa3027 member
    Definitely talk to your HR rep because around us, you get 6 weeks maternity leave that starts from the day you have the baby and ends 6 weeks after that( for a natural delivery, longer for a c/s), so breaks like Christmas and thanksgiving are included in that time. You can then take 6 additional weeks at any time within the first year of baby's life that are paid by the state FMLA. Breaks would not count for this unless you wanted them to.

    The district maternity leave has to do with the fact that even though you only work for half of December, you still get paid for a full month. It sounds really crazy, but people around here will do everything in their power to either have babies exactly 6 weeks before Christmas break, or a day or two before Christmas break is over.
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  • leighann1leighann1 member
    Oops forgot to include the link to the regulations above: https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=d178a2522c85f1f401ed3f3740984fed&rgn=div5&view=text&node=29:3.1.1.3.54&idno=29#se29.3.825_1200 
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