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Maternity leave/FMLA entitlement for new teacher
Benefits & Compensation
Maternity leave/FMLA entitlement for new teacher
Exchange ideas about health plans, retirement, work/life benefits, and employee assistance.
I had a miscarriage last month and decided to leave my previous job. I am a teacher and due to start a new job this week.
I really want to try for another baby soon but need to understand my entitle
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Forums » Topic Forums » Benefits & Compensation » Maternity leave/FMLA entitlement for new teacher
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Maternity leave/FMLA entitlement for new teacher
posted at 8/16/2009 7:35 AM EDT
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Posts: 1
First: 8/16/2009 Last: 8/16/2009 |
I had a miscarriage last month and decided to leave my previous job. I am a teacher and due to start a new job this week.
I really want to try for another baby soon but need to understand my entitlements first. If I were to have a baby in June 2010, after the school year has finished, would I be entitled to start maternity leave according to FMLA for the next school year starting August 2010? I understand you have to be employed 12 months but I would have completed the most a teacher can do by June 10 and would not require leave until August anyway. I am also a pending adjustment of status applicant and expecting a green card approval in the next 1-2 years which means I have to have my job available when the green card is approved. Therefore I need to make sure I understand this before getting pregnant! I am also unsure about whether my employer would pay my health insurance for June-August. I was planning on taking disability insurance too. Thank you |
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Maternity leave/FMLA entitlement for new teacher
posted at 8/17/2009 4:02 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
You would meet the 1250 hours test based on
FLMA Section 825.110 "For this purpose, full-time teachers (see § 825.800 for definition) of an elementary or secondary school system, or institution of higher education, or other educational establishment or institution are deemed to meet the 1,250 hour test. For this purpose, full-time teachers (see § 825.800 for definition) of an elementary or secondary school system, or institution of higher education, or other educational establishment or institution are deemed to meet the 1,250 hour test. An employer must be able to clearly demonstrate that such an employee did not work 1,250 hours during the previous 12 months in order to claim that the employee is not "eligible" for FMLA leave." And it sounds like you would meet the 12 month service test right about the time you needed FMLA. As for the VISA/green card issues, I have no idea. |
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Maternity leave/FMLA entitlement for new teacher
posted at 8/20/2009 11:34 AM EDT
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Posts: 217
First: 3/22/2005 Last: 8/29/2011 |
Are you covered by a collective bargaining agreement? Most teachers are and they are very specific about how and when benefits are effective and payable based on the school year contract. You should check that before making any decisions and if need be discuss your situation with your union rep. |
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