FMLA Guidelines?

Mr Play · Post by **Mr Play** » October 12, 2006 2:11 pm

For those who don't know, we had a baby September 21st. My wife worked up until the baby was born, and we've been planning for her to take the maximum 12 weeks off of work. She's a teacher at a public school, and we figured she'd go back for a week or 2 before the Christmas break.

This morning she got a call from the district Superintendent. He told her that the FMLA maximum protection allowed is only 6 weeks unless the parents work at the same place, and that she is expected back at work November 3rd.

I think somebody slipped something into his coffee this morning - what's the concensus here?

buffettbride · Post by **buffettbride** » October 12, 2006 2:14 pm

Superintendent guy is wrong.

You are allowed up to 12 weeks FMLA.

Where I work, childbirth is considered short-term disability. My employer pays me at 75% for 6 weeks of that time. I can take an additional 6 weeks of time off, unpaid.

Both of the increments of 6 weeks, totaling 12 weeks, make up the FMLA allowance.

Make sense?

Also, YOU are entitled to FMLA as well Bill, if you wanted.

jackiesic · Post by **jackiesic** » October 12, 2006 2:18 pm

Here's the Dept of Labor government document.
Perhaps you will find what you need here.
http://www.dol.gov/esa/whd/fmla/

Dezdmona · Post by **Dezdmona** » October 12, 2006 2:19 pm

http://www.dol.gov/esa/whd/fmla/

Mr Play · Post by **Mr Play** » October 12, 2006 2:29 pm

That was my interpretation as well, thanks for the confirmations.
I'll have whatever he's having...

Coconuts · Post by **Coconuts** » October 12, 2006 2:32 pm

Would this apply to a public school? (This involves 2 things I hope to avoid, leave for kids and working for a school system, so I really don't know.)

Also, have her call the Teacher's Union- they should be able to let her know and get it fixed.

CandyLMT · Post by **CandyLMT** » October 12, 2006 2:43 pm

I used to be a union steward.... yep it's 12 weeks.

I teach at a university and one of the instructors in my department just started her maternity leave last week... she's taking the 12 weeks.

Hope you get it straightened out.

txaggirl91 · Post by **txaggirl91** » October 12, 2006 2:59 pm

texas does not have manditory unions like you have up north or in the east. you can join one but it usually only helps you in case charges are brought up against you from a student and/or parent.

i want to say that my friends who teach and have taken leave, have only had 6 weeks to take off.

shakerofsalt · Post by **shakerofsalt** » October 12, 2006 3:00 pm

How long has she worked there?

shakerofsalt · Post by **shakerofsalt** » October 12, 2006 3:01 pm

txaggirl91 wrote:texas does not have manditory unions like you have up north or in the east. you can join one but it usually only helps you in case charges are brought up against you from a student and/or parent.

i want to say that my friends who teach and have taken leave, have only had 6 weeks to take off.

Have they worked there for more than a year?

txaggirl91 · Post by **txaggirl91** » October 12, 2006 3:22 pm

shakerofsalt wrote:
txaggirl91 wrote:texas does not have manditory unions like you have up north or in the east. you can join one but it usually only helps you in case charges are brought up against you from a student and/or parent.

i want to say that my friends who teach and have taken leave, have only had 6 weeks to take off.
Have they worked there for more than a year?

yep

buffettbride · Post by **buffettbride** » October 12, 2006 3:24 pm

txaggirl91 wrote:
shakerofsalt wrote:
txaggirl91 wrote:texas does not have manditory unions like you have up north or in the east. you can join one but it usually only helps you in case charges are brought up against you from a student and/or parent.

i want to say that my friends who teach and have taken leave, have only had 6 weeks to take off.
Have they worked there for more than a year?

yep

they got robbed.

FMLA is a national thing. it shouldn't matter what type of job you have. you are entitled to it as long as you meet the 12 months employement requirement.

it's quite possible they only got paid for 6 weeks through their employers benefits program, but they would have been entitled up to an additional 6 weeks under FMLA, but not paid.

Mr Play · Post by **Mr Play** » October 12, 2006 3:46 pm

She's worked at the same school since Sep 2000, so call it 6 years.
I do understand the paid leave vs non-pay, and we should be able to get by with what she gets through her disability.
She is a member of ATPE, and she's planning to call them tomorrow if he doesn't come to his senses before then.

sunseeker · Post by **sunseeker** » October 12, 2006 3:52 pm

I highly suggest calling the HR person with the district. I just talked to my friend that works in HR and she definitely said it was 12 weeks....

Mr Play · Post by **Mr Play** » October 12, 2006 3:54 pm

Here are the guidelines from the ATPE website - seems pretty straightforward to me;
http://www.atpe.org/protection/employme ... /leave.asp

Family & Medical Leave Act (FMLA)

available to all employees who work for employers with 50 or more employees

leave is unpaid, unless accumulated personal or sick leave is available

employee must have been employed at least 12 months and worked at least 1,250 hours during that 12-month period

employees may take up to 12 workweeks of unpaid leave in any 12-month period

leave may be taken for birth, adoption or placement of a foster child, or serious health condition of the employee or an immediate family member

for birth, adoption or placement of a foster child, leave may be taken at any time up to one year from the arrival of the child. If both spouses work for the same employer, only one 12-week period may be taken between the two spouses.

for serious health condition of the employee or a family member, leave may be taken intermittently when necessary

districts must continue the same contributions to health insurance premiums during the leave period that were provided prior to the leave

if employee fails to return to work at the end of leave, he/she may be required to repay health insurance benefits

leave taken close to the end of a school term may be extended by the district to the end of the term

may run concurrently with sick leave, temporary disability leave and other paid leave

employee is entitled to return to same or equivalent position as was held prior to leave

attendance bonuses may not be denied based on absence for FMLA

employees can find local FMLA policies explaining how to apply for leave and details of available benefits in employee handbooks or district policy manuals, or they can request them from districts’ personnel offices

krusin1 · Post by **krusin1** » October 12, 2006 4:49 pm

buffettbride wrote:Superintendent guy is wrong.

You are allowed up to 12 weeks FMLA.

Where I work, childbirth is considered short-term disability. My employer pays me at 75% for 6 weeks of that time. I can take an additional 6 weeks of time off, unpaid.

Both of the increments of 6 weeks, totaling 12 weeks, make up the FMLA allowance.

Make sense?

Also, YOU are entitled to FMLA as well Bill, if you wanted.

I AM a superintendent-guy. Your guy is wrong.

It's up to 12 weeks, although it may be unpaid.

Good luck.

ragtopW · Post by **ragtopW** » October 12, 2006 8:21 pm

This is Fair????? If both spouses work for the same employer, only one 12-week period may be taken between the two spouses.

Crazy Navy Flyer · Post by **Crazy Navy Flyer** » October 12, 2006 8:38 pm

I am intimately familiar with FMLA.

12 weeks. It's a federal thing.

Big Phan · Post by **Big Phan** » October 12, 2006 9:35 pm

I hope you're able to get this settled quickly.

We could conference call the superintendent and all chant, "Twelve weeks, twelve weeks..."

tjtryon · Post by **tjtryon** » October 12, 2006 9:43 pm

buffettbride wrote:Where I work, childbirth is considered short-term disability. My employer pays me at 75% for 6 weeks of that time. I can take an additional 6 weeks of time off, unpaid.

And the 75% is untaxed (at least here in Indiana)... If you are in a high tax bracket, you probably won't even really notice for the first 6 weeks...