UPDATE: NYC Teacher and Maternity/Leaves Question For ANYONE Who May Have Knowledge

I found this on the UFT web site. It actually makes SENSE, now I'll be damned!

Many of the payroll secretaries I am in contact with are still very confused over the FMLA. What if a pedagogue has a number of days in his/her CAR and needs to care for a sick family member, can that person use their own sick days and if so should they be entered as 41B in the EIS system? Also, if you go on a FMLA for care of a sick family member, are you still entitled to health coverage if you have a number of days in their CAR? I've been told that a regularly appointed teacher is not entitled to health coverage if they go on a Leave of Absence for Child Care with days in their CAR. Is this correct? HELP!
Hi again. I've already answered the first few questions in my previous email to you. I will now address the question concerning child care leave. Generally, this is the sequence of events when an appointed teacher is going to have a baby. She may opt to take a leave of absence without pay for restoration of health (commonly called maternity leave) any time during the pregnancy. She may use all of her CAR days and may borrow up to 20 sick days in order to stay on payroll and get her paychecks as usual. After that, she will go on a grace period. During all of this time, she is considered to be in active status and is on payroll and earns days in her bank and retains her health insurance coverage. After the grace period, the teacher is on unpaid leave for restoration of health (what we call maternity leave) for up to six weeks after the baby is born for a routine pregnancy or eight weeks after a cesarean section birth. At that time, she must either return to service or go on an unpaid child care leave of absence for up to four years. Health insurance coverage continues for up to four months beyond the grace period and it is called Special Leave of Absence Coverage (SLOAC). Now to add another dimension to this story, we must remember that Maternity/Child Care is also a covered event under the Family Medical Leave Act (commonly called FMLA). For this appointed teacher, her health benefit under SLOAC for four months is greater than the 12 weeks worth of health insurance coverage she would get under FMLA. However, these leaves would be processed as both Board of Ed and FMLA leaves of absence. (Remember that FMLA is a federal law and is a real boon to many categories of staff who do not have the health benefits that we do.) And, all the time that she had taken off both in a paid and unpaid status for maternity/childcare is counted toward the l2 weeks of FMLA. If for some reason this teacher took child care leave after six weeks after the birth of the baby and had not used up her l2 weeks worth of FMLA, she would be entitled to take FMLA for child care and she would be entitled to health insurance coverage.

So, that's the answer. Clear as mud? If you read Personnel Memo # 54, l995-96 and the UFT pamphlet NOT FOR WOMEN ONLY, it may help. If not, contact your UFT Secretary Borough Coordinator (click on IN THE KNOW on the Sec'y. homepage for her name and number) for further instruction. Good luck! Jackie Ervolina
















Hi,

I am a NYC Teacher. I am due to give birth to my daughter on October 13. What I have been dealing with between the UFT, reading that Not For Women Only Book on their site, from my payroll secretary (who is awful) and from other people's "opinions" is driving me nuts!!!!

I am going to try to go back for two or three weeks. I commute almost 2 hours each way (live on eastern LI) so its going to be rough, plus I teach Pre-K and they are SO needy in the beginning. I was told technically you can take off anytime during pregnancy for restoration of health but it isn't until the baby is born where maternity kicks in. I want to take 3 mos off (come back after Christmas break) so I want to do FMLA. Some say FMLA runs concurrently with maternity so after the 6 weeks (or 8 if c-section) you add on the additional weeks to total 12 weeks. Otheres say if I take a few weeks off before the baby is born then FMLA starts then. NOBODY knows there sh--!

I am 0 days in my bank so I plan on borrowing the 20 we are allowed and then doing the 30-day grace period.

But my question is: Where do I begin? If I leave like 3 weeks before I am due what forms do I need? Does FMLA begin then or is this called a restoration of health?

ALSO, two different people gave me two different answer on this. One said your vaca days (like the Jewish Holidays, Veteran's, Thanksgiving, etc) do count towards your FLMA (12 weeks), and that only the Christmas week we would not add on. Someone else said ALL of these days count and eliminate them when you are counting your 12 weeks and when you need to come back. I AM SO CONFUSED! HELP!!! Also, someone told me about SLOAC (whatever this is) and you can stay out for 4 mos instead of 3 with benefits.

Thanks a bunch,
Keri

Message edited 8/14/2008 6:02:48 PM.

Re: NYC Teacher and Maternity/Leaves Question For ANYONE Who May Have Knowledge

BUMP ANYONE?