Question For Teachers Re Maternity Leave

7 Replies
meg - July 11

I just completed my first year of teaching & am due the beginning of Sept., so I am hoping to make it the 1st week or 2 before the baby. I was talking to my superintendent the other day about maternity leave, & he said that for anything over 6 weeks (I want 8 weeks) I have to have a note from my dr. Very understandable, but here's the thing...since I have only taught one year I only have 15 sick days that I will be using for my leave, meaning anything over 3 weeks will be unpaid. Can he still require me to get a note from the dr. even though 5 of the 8 weeks will be unpaid? According to FMLA am I not ent_tled to 12 weeks (w/o pay)? I need to talk to the super. again (he's on vacation), & if anyone has any answers or suggestions that would be great. Thanks!!

 

mcatherine - July 11

You're right about the 12 weeks - as long as you have met the requirements to qualify for leave under FMLA laws. Perhaps he just needs reminding that the law has changed (which a lot of people aren't even aware of the fact that it is now 12 weeks instead of 6....)

 

Tanya2 - July 11

You should move to Canada, we get one year paid maternity leave, strong teachers union and 20 sick days a year. Good luck with everything.

 

Been There - July 12

This is a tough one if you have not worked a full year (before your leave starts) with the appropriate number of hours worked (1,250) during that time. I don't know too much about teachers working weeks/hours. Does summer count as your working, because you have to have actually put in 12 months of work to be eligible? Would you have put in 1,250 hours in the time you were working? As long as you have done so, you can take up to 12 weeks and all he needs is notice and any appropriate FMLA request forms they may require. I'm a__suming your school district has a Personnel department. That's who you should be contacting because they should have a professional working there who knows, understands and will uphold the law for you as long as it applies. The principle, I'm sure, is not well-versed in these matters and is going on what he thinks he knows. If FMLA does not apply, then he is correct, your doctor would have to say you're still disabled, which won't happen if you're not. If you don't mind me asking, what state are you in?

 

Audrey - July 12

I am a teacher (in Illinois) and I was just in yesterday to discuss this with the bookkeeper. She said I get 30 paid work days starting the day the baby is born (holidays don't count). With a Dr's note I can use sick days BEFORE the baby is born, but she said that it is a rule that I cannot use my sick days to lengthen my maternity leave. She said I have to use doc days for that. Kinda confused!

 

Been There - July 12

Audrey, that is because you have to be considered disabled or still recuperating under doctor's care. The a__sumption in all states is that you are disabled and need to recuperate for 6 weeks postpartum. The 30 workdays equals 6 weeks. The only other thing that could extend a leave is a c-section because that usually requires 8 weeks for recovery. It may not change the 30 days of pay to which you are ent_tled, but it certainly extends your leave from work. They cannot make you work against doctor's orders. FMLA runs concurrent with the medical leave for having the baby. I hope that helps to clarify.

 

ThePezChick - July 12

I'm in NC. Here I HAVE to use my sick days first. I am ent_tled to 6 or more weeks leave, but I will only get paid, from what I understand, for the sick days I have. We have something called extended sick leave that I can use and get paid for; however, sub pay must come out of that. I'm meeting with our benefits guy in a few weeks to discuss it so I have a better understanding of what the rules are. I'd advise you to do the same. Good luck!

 

dy - July 13

tanya 2 - I am SO moving to Canada, a year! meg as far as i know, you are ent_tled to your 12 weeks Dr's note or not, you just can't get paid for them. But i could be wrong

 

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