question about family medical leave/work/legal stuff

laurenstarlaurenstar Posts: 11
in LGBTQ+ Couples
Hi -

Not sure if anyone knows the answer to this question but I thought I'd give it a shot.

I'll start by saying I'm a teacher at a private school in California. I was talking with my co-worker today about babies and she is planning for #2. She and her husband have been talking about timing so her due date can be sometime next spring. That would mean she would have 12 weeks of maternity and the summer to spend with her babe.

I too have been planning the proper timing. Ideally I would like to do something similar but we all know that plans change and things may not go according to plan. She told me something interesting about my work and I wanted to know if it sounded legal to you guys.

She told me that if a teacher is due sometime in the summer and takes the 12 weeks maternity....she will NOT be allowed to come back to teach until January. The whole reasoning behind it is because the teacher wouldn't be there to set up the classroom routine, etc... I get it, BUT what is concerning me is that lets say I'm due in July....I take 12 weeks maternity---that puts me in Sept/Oct..... So the 12 weeks are paid on disability, but the months of November and December are not?!? Does this make any sense? Does this sound legal? How can they tell me I'm not allowed to come back after my 12 weeks? And if they tell me I'm not allowed, shouldn't they continue to pay me?

Any thoughts?

Lauren

Comments

  • teddy83arteddy83ar Posts: 7
    Hi Lauren

    I am not sure her information sounds correct. I would check with your benefits person in your HR department to get all of the information ahead of time. You're coworker may have misunderstood what she was told. I dont see how they can force you to stay out of work. You are entitled to 12weeks of leave under FMLA and they cant penalize you for that. However they are only required to give you a job back...not your specific position...maybe they have you come back in some other capacity until January when you can take over your class? I would really check into it further. I would also double check the time that you are paid. By law they are only required to give you the first 6weeks under disability. Under FMLA they are required to allow you 12weeks off but that doesnt mean they are required to pay you the entire time. Most companies do not pay disability past the first six weeks unless you have a doctors reason why you are medically unable to come back to work. So I would make sure what they will and will not pay you for as well. I hope this helps....

    If you would like to talk further my email is teddy83ar@aol.com I also live in california

    Good Luck!

    Jenn
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