YORKTOWN CONGRESS OF TEACHERS
Guidelines concerning pregnancy rights, FMLA, and Parental leaves
This is a general guide to your rights concerning the use of time off from your job as a result of pregnancy and the birth or adoption of a child. It is meant to be a general overview and may not address all concerns in specific cases; for this reason, we urge that all employees consult with their knowledgeable union officials before discussing these situations with the administration and before committing to writing any intentions regarding leaves.
The purpose of the agreements made by the YCT on behalf of our members concerning pregnancy and child birth is to ensure that our members have the greatest opportunity for a less stressful pregnancy and recovery. We share your primary concern with the maintenance of your health and that of your new child. To these ends, the following provisions form the long-standing practice in the Yorktown school district.
1. Use of per diem/sick days
a. During pregnancy, there may arise a need for temporary time off due to such evens as morning sickness, aches or pains associated with pregnancy, etc. During such events, the use of per diem/sick days is the same as their use for any other illness; you simply call sub-finder and use a per diem/sick day from your accumulation. Such use does not constituted “disability” due to the pregnancy and is not counted as a part of the forty days of “leave” which is discussed in part (b.) below.
b. A woman who is pregnant and/or has given birth is entitled to 40 workdays of time off for the maintenance of the employee’s and the child’s health and for recovery from the birth of the child. However, in order to use these 40 days as paid time, you must have 40 days of accumulated sick leave and you must present a physician’s note to the district. If you have fewer than 40 days, you may take 40 days of leave, but will only be paid for as many days as you have accumulated.
*** These per diem/sick days usually commence with the birth of the child, but they may begin prior to the birth on the advice of your physician. Weekends and vacation periods do not count towards these days.
*** During these days, the employee is eligible for full pay and full benefits, including medical coverage and coverage by the welfare fund.
*** Your doctor’s note should use the phrase “disabled and unable to work” to justify such use of per diem days. The district allows up to 40 days following the birth but some doctors are reluctant to recommend that length of time off. You should consult with your physician early to determine his or her position on this matter.
*** Your 40-day eligibility does not span the summer. For example, you cannot take 20 days up to the end of June and another 20 days when school reopens in September.
*** The district will deduct the use of per diem or sick days from your accumulated sick leave.
*** If your physician feels that you should commence the use of these days prior to the birth of your child, you should attempt to give your principal as much lead time as possible, so that he or she may have a replacement ready. Notice given 30 days prior to commencing your sick leave is customary. Of course, in an emergency, as determined by your physician, such notice may not be possibly. You should do whatever is best for your health and the health of your baby.
*** While you are on your sick leave, you must decide which of the following you intend to do:
· Return to work or
· Continue your leave under FMLA (approximately 4 more weeks) and then return to work or
· Continue your leave under FMLA and remain on parental leave until the end of the school year.
When you have made the above decision, it is your responsibility to give the district timely notice so as to facilitate the planning process.
*** If you decide to return to work after the use of these 40 days, you will be returned to the exact assignment you left.
*** If your FMLA leave ends during the school year, you must decide whether to request a parental leave for the rest of the school year of return to work. Again, it is your responsibility to give the district timely notice.
*** The usual rules governing use of personal days and other per diem days apply to male employees whose wives have given birth.
*** The use of these 40 days is not applicable to the adoption of a child.
If you are pregnant or adopting a child, and confused about any of these issues, be sure to consult with a YCT representative prior to taking any actions, if possible.
2. The Family Medical Leave Act – FMLA
The following provisions deal only with FMLA as it applies to the birth or adoption of a child and/or neonatal care. The FMLA provides an employee up to 12 weeks of leave per 12 month period for the purpose of neonatal child care (for children up to one year of age) and other individual or family needs. During such leave, medical coverage and welfare fund benefits are continued. The 12 week leave under the FMLA maybe taken by either parent. If both parents are employed by the district, FMLA provides for a total of up to 12 weeks of leave, which the parents may share. The use of FMLA is subject to the following conditions:
*** FMLA runs concurrently with the 40 days of leave described in the section above. The 12 weeks of FMLA leave is not in addition to the 40 days of per diem/sick days.
*** FMLA leave does not have to run for 12 consecutive weeks. You may, for example, break it into an 8 week and a 4 week leave, separated by some amount of time, as long as it is within the same 12 calendar months. Therefore, FMLA leave may span the summer months if begun in May or June and continued into September.
*** A work week under FMLA constitutes any week which consists of 3 work days or more.
Following an FMLA leave, the employee will be returned to the original or equivalent assignment they held prior to such leave.
*** The district may require an employee to extend their FMLA leave through the end of the school year in the event that the employee wanted to come back for anything less than the final three weeks of the school year. The district can determine that such a return would be disruptive to the school and thus require the employee to extend their leave through the end of the school year or semester. An employee asked to extend the FMLA leave in such a case would receive full pay for the additional time provided that she has a sufficient number of per diem days. A teacher without sufficient per diem days would be required to take the time off without pay if asked to do so by the administration. In either case, the teacher would receive full benefits for that period of time. She would also receive benefits throughout the summer and into the next school year, provided that parental leave is not taken in September.
3. Parental Leave
Parental leave may be taken by any employee, either mother or father, and may be associated with the birth of a child. Parental leave can be allowed for a maximum period of two years, but the employee may not return to work after such a leave except at the beginning of the school ear, unless there is an opening and the Board agrees to permit your return mid-year. Parental leave is without pay, without benefits (unless covered by FMLA), and without accrual of additional seniority. An employee may maintain medical benefits and/or welfare fund benefits not covered by FMLA at his or her own expense.
a. Two Year Leave
Be aware that the only way to be granted two full years of parental leave is for the employee to commence such leave on September 1st. In this case, the first year of leave would be from September 1st to August 31st; a second year could commence on the following September 1st and continue through August 31st for a full 24 months.
b. Less than Two Year Leave
Should a parental leave commence at any time other than September 1st, the employee will be eligible for less than a full two year leave. As an example, if you begin your leave on October 1st, the “first year” of leave would be from October 1st through August 31st; the second year of leave would be from September 1st through August 31st (approximately 21 months in total). If you begin your leave on March 1st, the “first year” of leave would be from March 1st through August 31st; the second year of leave would be from September 1st through August 31st (approximately 17 months total).
Conditions Related to Parental Leaves
*** You must apply to the Board for the granting of a parental leave, normally with a letter to the Superintendent or his/her designee. Also submit a copy to your building principal.
*** You initially only apply for the first year of leave in this letter.
*** Parental leave begins at the end of the 40 days of per diem/sick leave.
*** You do not have to take a parental leave after the birth of a child. You may return to work if that is your decision.
*** You must return from a parental leave at the beginning of a school year unless the Board agrees to your return another time (rarely granted).
*** You will receive a registered letter from the Board in January or February during your first year of leave asking if you desire to continue your leave for a second year; you must answer this letter by March 1st or the Board may consider your position to have been “abandoned” and your right to return to have been forfeited. If a leave is commenced after March 1st, the timing of this deadline will be adjusted accordingly.
*** When you return from your leave, you are guaranteed a position in your tenure area, i.e. K-6, 7-12 secondary science; but you are not guaranteed a position in the same building or at the same grade level.
*** All benefits are restored, including unused sick leave, upon the teacher’s return to work. However, there is no advancement in seniority.
Despite the fact that these guidelines may seem clear and pertinent to your individual case, it is recommended that you consult with the appropriate YCT personnel prior to making any announcements concerning your pregnancy or consideration for leaves. All such consultations with YCT personnel are treated with the utmost confidentiality. You may make an appointment with YCT personnel by calling the YCT office at 245-1948. Hopefully, this information will be helpful to you as you make some very important decisions.