FMLA Question

[kemdupuis]

Alright ladies- looking for some advice on this one. I am a high school teacher, and while I will be giving birth during the summer, I do plan to take a leave at the beginning of next school year so I can spend as much time as possible with my little man. 

Today, I received a letter from our Superintendent in response to one I had written a few weeks ago. I requested that instead of exhausting all of my sick leave/personal leave and then taking the unpaid leave promised by FMLA, to take unpaid leave from the start. This request was denied which sucks because when I go back to work, I won't have any sick time, but that's not where the issue lies. 

The letter I received states that "Under the provisions of the FMLA, you are entitled to a total of 12 weeks of leave time, beginning with the birth of your child. You will be allowed to be away from your position at the beginning of the 2015-2016 school year, through the end of the 12th week of FMLA. The length of time away will depend on the exact birth date of your child." My issue is that I am due to give birth in the middle of summer- time that I am not paid for, and time that I am not contractually bound to complete any duties at work. It does not make sense that my 12 week leave can begin during a time where I wouldn't have to report to work anyway. If my son were to come early, I could potentially not be able to take any time off at the beginning of the school year. All of the other teachers at the school will be on summer vacation, which I am also entitled to, yet I will also be concurrently charged for part of my maternity leave? Does this make any sense? I feel like I should not be charged any of my leave time until I contractually have to report to school- during inservice. What are your thoughts? Am I crazy? 

[kemdupuis]

Yeah, I'll be contacting HR and our Union rep tomorrow- I got the letter this afternoon and they're all gone home for the day. I am just wondering if anyone has heard of this before? Exactly like you said- it's like asking someone to use their sick time if they got the flu in July. I'm glad someone agrees with me- because I think it's ridiculous!

[sapphyre0702]

Google "how does FMLA leave work" and an employees guide to FMLA comes up through the department of labor. It is a 20 page PDF and seems to suggest that you can take your 12 weeks in broken up blocks and that it is possible that your employer can make you use paid time off concurrently with FMLA but that seems to suggest (to me at least, and I have no push with govt or skill in this area, so be forewarned) that you could theoretically begin your FMLA leave on the first day of school and while that may be unpaid or you have to use your sick time, arguably it shouldn't impact your summer since you aren't contractually obligated to work then anyway. Best of luck to you! I hope it works out they way I think it should (if everything did the world would be perfect! Haha, jk)!!!

[kemdupuis]

Beautiful! That's exactly what I needed! Thank you @demanda88!

[curlyrunner]

You might be able to break it up. I know mine is considered part for me (recovery from birth) and part for bonding with baby.
I think you'd have a hard time fighting the care for you could be taken long after you're recovered. But, using your time seems strange. Maybe just don't apply for it until the beginning of next school year?
But the part for the baby should be able to be taken whenever I would think.
I'm no FMLA expert...good luck!

[ravinraven216]

My district works the same way, but I kind of see where they are coming from. While you have no summer duties, you are still an employee of the district during the summer - you just earned your summer pay during the school year (some districts pay yearly, others condense salary into just the school year). You would be subject to the same requirements as any other employee using FMLA for maternity leave. For my district, FMLA does not kick in until all sick days and personal days are used, no way around it. Nor can I take it when I want to. Our policy says that FMLA can be used as maternity leave or to care for a child, but you need a medically valid reason to do so. I would still try to contact HR to talk things over, as YMMV.

From the Department of Labor website:

When can a parent take leave for a newborn?
Mothers and fathers have the same right to take FMLA leave to bond with a newborn child. A mother can also take FMLA leave for prenatal care, incapacity related to pregnancy, and for her own serious health condition following the birth of a child. A father can also use FMLA leave to care for his spouse who is incapacitated due to pregnancy or child birth.

Are there any restrictions on when an employee can take leave for the birth or adoption of a child?
Leave to bond with a newborn child or for a newly placed adopted or foster child must conclude within 12 months after the birth or placement. The use of intermittent FMLA leave for these purposes is subject to the employer's approval. If the newly born or newly placed child has a serious health condition, the employee has the right to take FMLA leave to care for the child intermittently, if medically necessary and such leave is not subject to the 12-month limitation.

[jessila]

As another teacher, it does get tricky with the FMLA. Contact HR and your union. It depends how your contract is worded. Ours is 60 days anytime during the first year of life for the child meaning I can take that after next school year starts. But we can only take up to 10 weeks from their birth with sick leave so the last 2 weeks would have to be unpaid.
My union was the best at explaining things. Hopefully they can be super helpful.
And make sure you have it all in writing!!!!

[kemdupuis]

Mar 10, 2015 20:06:31 GMT -5 ravinraven216 said:

My district works the same way, but I kind of see where they are coming from. While you have no summer duties, you are still an employee of the district during the summer - you just earned your summer pay during the school year (some districts pay yearly, others condense salary into just the school year). You would be subject to the same requirements as any other employee using FMLA for maternity leave. For my district, FMLA does not kick in until all sick days and personal days are used, no way around it. Nor can I take it when I want to. Our policy says that FMLA can be used as maternity leave or to care for a child, but you need a medically valid reason to do so. I would still try to contact HR to talk things over, as YMMV.

From the Department of Labor website:

When can a parent take leave for a newborn?
Mothers and fathers have the same right to take FMLA leave to bond with a newborn child. A mother can also take FMLA leave for prenatal care, incapacity related to pregnancy, and for her own serious health condition following the birth of a child. A father can also use FMLA leave to care for his spouse who is incapacitated due to pregnancy or child birth.

Are there any restrictions on when an employee can take leave for the birth or adoption of a child?
Leave to bond with a newborn child or for a newly placed adopted or foster child must conclude within 12 months after the birth or placement. The use of intermittent FMLA leave for these purposes is subject to the employer's approval. If the newly born or newly placed child has a serious health condition, the employee has the right to take FMLA leave to care for the child intermittently, if medically necessary and such leave is not subject to the 12-month limitation.

I get what you're saying- but since I have to take my sick leave first, does that mean my sick leave will be burned during the summer? That doesn't make any sense to me.

[ThePalindromicOne]

FMLA is so tricky, while it's a federal law it is enforced SO differently by any individual employer, hopefully HR and your union can give you more clear cut answers. You almost have to think of FMLA as it related to job security sometimes and less how it relates to your time away from work... if that makes sense. I always thought if I was using my accrued sick/vacation time for maternity leave, why should it have to run concurrently with my FMLA which would be my unpaid time away... I get myself spinning in circles if I think too much about it! I hope it works out optimally for you!

[ravinraven216]

Mar 10, 2015 21:07:01 GMT -5 kemdupuis said:

Mar 10, 2015 20:06:31 GMT -5 ravinraven216 said:

My district works the same way, but I kind of see where they are coming from. While you have no summer duties, you are still an employee of the district during the summer - you just earned your summer pay during the school year (some districts pay yearly, others condense salary into just the school year). You would be subject to the same requirements as any other employee using FMLA for maternity leave. For my district, FMLA does not kick in until all sick days and personal days are used, no way around it. Nor can I take it when I want to. Our policy says that FMLA can be used as maternity leave or to care for a child, but you need a medically valid reason to do so. I would still try to contact HR to talk things over, as YMMV.

From the Department of Labor website:

When can a parent take leave for a newborn?
Mothers and fathers have the same right to take FMLA leave to bond with a newborn child. A mother can also take FMLA leave for prenatal care, incapacity related to pregnancy, and for her own serious health condition following the birth of a child. A father can also use FMLA leave to care for his spouse who is incapacitated due to pregnancy or child birth.

Are there any restrictions on when an employee can take leave for the birth or adoption of a child?
Leave to bond with a newborn child or for a newly placed adopted or foster child must conclude within 12 months after the birth or placement. The use of intermittent FMLA leave for these purposes is subject to the employer's approval. If the newly born or newly placed child has a serious health condition, the employee has the right to take FMLA leave to care for the child intermittently, if medically necessary and such leave is not subject to the 12-month limitation.

I get what you're saying- but since I have to take my sick leave first, does that mean my sick leave will be burned during the summer? That doesn't make any sense to me.

It won't use your sick leave during the summer, just any you use before the end of the school year. I'm using mine to take off starting May 18th through whenever it is the school year ends now (June 5th?). I could stick it out a bit longer, but with state mandated testing to proctor for most of the semester, I won't be able to take any time off apart from doctor's appointments. I need a break to prep for baby madness.