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FMLA and Teachers
Benefits & Compensation
FMLA and Teachers
Exchange ideas about health plans, retirement, work/life benefits, and employee assistance.
I surely hope that someone can help!!!
I am a teacher and I am expecting twins. Due to previous losses and other medical factors, my doctor has insisted that I go on bed rest as early as early Octo
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FMLA and Teachers
posted at 8/5/2009 5:26 AM EDT
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Posts: 1
First: 8/5/2009 Last: 8/5/2009 |
I surely hope that someone can help!!!
I am a teacher and I am expecting twins. Due to previous losses and other medical factors, my doctor has insisted that I go on bed rest as early as early October (I am not due until January). Because I will take be taking 12 weeks BEFORE I give birth to the twins, my school will not give me more than six weeks maternity leave in January. I was under the impression that under FMLA I am guranteed my job for 12 weeks PER calendar year. Therefore, my leave will be split by two, seperate calendar years. I am a new parent, and I am concerned that six weeks will not be long enough to adjust...not to mention that my little ones COULD need extra medical care if born too soon. I would like to take at least 8-10 weeks. I am afraid that unless I have good information to back up my pleas, my job will be threatened. If anyone has ANY information regarding this situation, PLEASE fill me in (even if it is something that I DON'T want to hear!!!). THANKS! |
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FMLA and Teachers
posted at 8/5/2009 6:02 AM EDT
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Posts: 228
First: 11/1/2006 Last: 1/20/2010 |
For FMLA we use a 12 month - not an annual look back. In your case if your FMLA starts in October you wouldn't be eligible again until October of 2010.Go to this website for more information on FMLA: www.dol.gov/esa/whd/fmla
I wish you and the twins well. |
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FMLA and Teachers
posted at 8/5/2009 6:03 AM EDT
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Posts: 1783
First: 11/11/2003 Last: 5/13/2010 |
Family-medical leave provides 12 weeks of protection per rolling 12-month period.
In other words, January 1st does not reset the odometer. Under FML your employer could end your employment if you did not return within the 12-week allotment. The fact that they are willing to hold your job for an additional six weeks is generous - in other words, they're willing to hold your job for up to 18 weeks. |
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FMLA and Teachers
posted at 8/5/2009 6:36 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
It is possible, but unlikely, that the employer has a calendar year choice of calculation under FMLA. You need to ask your school district what option they chose under http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.200.htm
It is possible, but unlikely, that they failed to choose one, therefore they would have to use the one most favorable to the employee (so in that case, a calendar year would be most favorable to you). That said, are you under a teacher's union or a collective bargaining agreement? It could be that would protect you more than FMLA will. Congrats on the twins. I hope that the go "full" term and are healthy at birth. I was on bedrest from 31 weeks on. Luckily I was able to work from home/bed by modem for my company so that time didn't count against me too much. Is there anything you can do for the school district while on bedrest? My girlies were born at 36 1/2 weeks a little over 5 lbs each and had just minor issues. I always say that the best thing that ever happened to me were those twin baby girls! Although I love their little brother as much! So many blessings and try not to stress too much! |
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FMLA and Teachers
posted at 8/20/2009 8:28 PM EDT
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Posts: 1
First: 8/20/2009 Last: 8/20/2009 |
I had complications with both my first and second child - more so with the first. I was put on bed rest and then hospitalized and had all of that covered under my State's family medical leave (12 weeks or until the baby is born). I then had summer break (lucky me) and took twelve weeks off in the fall for FMLA. Baby two was the same - 12 weeks under my state leave (Oregon) because the doctor ordered bed rest (only actually used three weeks because of early arrival of baby 2) and then 12 weeks of FMLA which just squeaked me to the end of the school year and off for the summer. It's worth seeing if you would qualify for a separate state leave policy! |
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