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Old 04-25-2013, 07:48 PM   #1
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Talk to me about FMLA

So a teacher at my school got fired while on maternity leave this year. She extended and took the full 12 weeks through FMLA. She was still provisional so they didn't give her a reason. She is a great teacher, very on top of things, no problems, I really think that they are firing her because she took so much time, though there is no way to prove it.

Anyway, I am expecting and DH and I have discussed me taking the full 12 weeks (which would be more like 14 because of Christmas break) I would love to have that long of a leave, I only had 6 weeks with my first and 5 weeks with my 2nd, and we can afford it, but now I'm nervous. Most of my leave would be unpaid, probably only 2 weeks would be paid, but wouldn't I be covered under FMLA? I am tenured and as long as I have good evaluations they wouldn't have cause to fire me right?

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Old 04-25-2013, 07:54 PM   #2
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I think I remember that you're in CA, right? If your employer meets the requirements for FMLA, then by law they have to hold your job for the full 12 weeks after. They do not have to hold your EXACT job, so they could give you a different class or something if they chose to. You also are able to take the second 6 weeks ANY time in the first year of the child's life.

As for your friend, if she was still provisional, unfortunately that's all they need to say. It sucks, but that's how it is.

For you, I recommend making your intentions clear from the start. When you tell them when you'll start leave, be clear about when you're planning to return and why (ie "I plan to take the full 12 weeks that FMLA entitles me to so I can bond with my child)
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Old 04-25-2013, 07:57 PM   #3
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Re: Talk to me about FMLA

yep to what T said

I took 5 months off...I had sick leave banked up to use. They did count that as a year leave of absent tho. And we can only take 2 years of leave in a row.

With DD, I had gone down to part time that year (which again they counted as a year of leave? because my contract was no longer working 1 year, since I didn't change my contract) And then I had dd in September and didn't work that year so another year of leave. Well I had to resign that June because I wasn't going to go back.

But yep I'd go and talk with your HR department about what you plan on doing. And to your friend. But since she had a provisional contract they can fire you for any reason If you sneeze the wrong way you can be gone
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Old 04-25-2013, 08:08 PM   #4
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Re: Talk to me about FMLA

These quotes are taken straight from here

Quote:
WHO IS ELIGIBLE FOR FMLA/CFRA LEAVE
1. An employee who has been employed for a total of at least twelve
(12) months on the date on which any FMLA/CFRA leave is to
commence, and
2. Who, on the date on which any FMLA/CFRA leave is to commence,
has physically worked for at least 1,250 hours during the previous
twelve (12)-month period. The hours need not be consecutive hours.
Time off for sick leave, vacation/annual leave, administrative time off
(ATO), compensating time off (CTO), holidays, informal time off
(ITO) or personal leave (PL) are not to be counted toward the 1250
hours of work.
Quote:
An employee returning to work from an FMLA/CFRA leave is entitled to
be restored to the same position of employment (the one held by the
employee when notice was given or the leave commenced) or to an
equivalent position with equivalent employment benefits, pay, and other
terms and conditions of employment. An employee may be temporarily
transferred to an available alternative position, for which he or she is
qualified, that has equivalent pay and benefits, that better accommodates
the employee's need to take intermittent leave or reduce his or her time
base.
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Old 04-25-2013, 08:57 PM   #5
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Re: Talk to me about FMLA

Quote:
Originally Posted by amyltc View Post
So a teacher at my school got fired while on maternity leave this year. She extended and took the full 12 weeks through FMLA. She was still provisional so they didn't give her a reason. She is a great teacher, very on top of things, no problems, I really think that they are firing her because she took so much time, though there is no way to prove it.

Anyway, I am expecting and DH and I have discussed me taking the full 12 weeks (which would be more like 14 because of Christmas break) I would love to have that long of a leave, I only had 6 weeks with my first and 5 weeks with my 2nd, and we can afford it, but now I'm nervous. Most of my leave would be unpaid, probably only 2 weeks would be paid, but wouldn't I be covered under FMLA? I am tenured and as long as I have good evaluations they wouldn't have cause to fire me right?
If you are tenured you shouldn't have anything to worry about. You do have to work for the employer for a specified amount of time after the leave I think. I took as long as I could and it was well worth it!
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Old 04-25-2013, 09:01 PM   #6
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Re: Talk to me about FMLA

I Agree that if you are tenured you should have nothing to worry about. With one andtwo I took 12 weeks. This time I took the rest of the year off which will be 16 weeks total (6 weeks maternity and then 10 weeks FMLA) and I've had no issues.
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Old 04-25-2013, 09:20 PM   #7
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Re: Talk to me about FMLA

OK, I am not too far along (almost 7 weeks) I have told my principal that I am expecting and he was supportive. I think I will wait until we go back in August to meet with HR, or sometime in the summer when I'm farther along. I think I'm going to take 10 weeks plus the 2 weeks of Christmas break, then that leaves me 2 more weeks if my kids get sick or something like that.
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Old 04-25-2013, 09:40 PM   #8
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Re: Talk to me about FMLA

yeah our HR won't see us until 2 months before our leave for maternity to make an appt of what to do.
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Old 04-25-2013, 10:18 PM   #9
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In my state teachers do not have enough work hours to be eligible under FMLA, however, our district allows up to 1 year of Parental Leave (your leave is automatically exhausted then unpaid) and guarantees you your some position back. I would look into the HR policy and see if they are bound by FMLA.
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Old 04-26-2013, 03:50 AM   #10
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Re: Talk to me about FMLA

One of our friends came back 3wks pp after a c/s b/c the district was cutting positions that year, and her maternity leave, if taken in full, would have given her fewer days in the classroom & less seniority than someone else. So she came back early in order to keep her job. That doesn't happen everywhere or every year, but do be aware of seniority issues and cuts.
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