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BabyLove08
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Member since 2/08 3673 total posts
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NYC Teacher and Maternity/Leaves Question For ANYONE Who May Have Knowledge
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
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Posted 8/11/08 7:13 PM  |
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Buttafli1277
LIF Adult
Member since 8/05 2638 total posts
Name:
Jennifer
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Re: NYC Teacher and Maternity/Leaves Question For ANYONE Who May Have Knowledge
I would like to know the answer to this question as well. If I'm due during the month of Spring Break, will that week count towards my maternity leave. I really don't think it should. You shouldn't have to use your days in CAR to cover that, since everyone gets off that week and is paid. FMLA shouldn't cover that either, because again everyone has that week off paid.
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| Posted 8/11/08 10:00 PM |
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Hotmamma408
LIF Adolescent
Member since 6/08 692 total posts
Name:
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Re: NYC Teacher and Maternity/Leaves Question For ANYONE Who May Have Knowledge
Posted by Buttafli1277
I would like to know the answer to this question as well. If I'm due during the month of Spring Break, will that week count towards my maternity leave. I really don't think it should. You shouldn't have to use your days in CAR to cover that, since everyone gets off that week and is paid. FMLA shouldn't cover that either, because again everyone has that week off paid.
I am wondering the same exact thing. My estimated due date is 4/7/09. I would have to go back to work for 6 weeks (until the end of school). I am wondering if I can get out of going back but still get my pay over the summer.
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| Posted 8/11/08 10:04 PM |
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Buttafli1277
LIF Adult
Member since 8/05 2638 total posts
Name:
Jennifer
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Re: NYC Teacher and Maternity/Leaves Question For ANYONE Who May Have Knowledge
I was thinking the same thing and forgot to add that in my post. If I took 6w paid with days in my CAR and 6 with FMLA (spring break in there too) would I get paid for the summer if I too my leave through last day of school? Good question, maybe someone here could answer it for us.
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| Posted 8/11/08 10:11 PM |
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nicrae
He's here!
Member since 12/06 9289 total posts
Name:
Mommy
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Re: NYC Teacher and Maternity/Leaves Question For ANYONE Who May Have Knowledge
If you go out before your due date it is the same as calling in sick.
FMLA doesn't start until the baby is born and it runs concurrent with your maternity leave.
Grace comes after your maternity leave ends and again runs concurrent to FMLA. You get paid for holidays and weekends.
If you want to stay out longer than FMLA you can take a childcare leave of absence for as long as you want. It is unpaid ofcourse!
I just had a baby in January so I learned really quickly all the ins and outs of the wonderful DOE 
If you have any questions FM me! 
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| Posted 8/11/08 10:24 PM |
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nicrae
He's here!
Member since 12/06 9289 total posts
Name:
Mommy
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Re: NYC Teacher and Maternity/Leaves Question For ANYONE Who May Have Knowledge
Posted by eager2BeOB
Posted by Buttafli1277
I would like to know the answer to this question as well. If I'm due during the month of Spring Break, will that week count towards my maternity leave. I really don't think it should. You shouldn't have to use your days in CAR to cover that, since everyone gets off that week and is paid. FMLA shouldn't cover that either, because again everyone has that week off paid.
I am wondering the same exact thing. My estimated due date is 4/7/09. I would have to go back to work for 6 weeks (until the end of school). I am wondering if I can get out of going back but still get my pay over the summer.
Summer checks are tricky. If you work all of the fall semester you get all of your July pay. Your august pay will be reduced depending on how long you are out.
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| Posted 8/11/08 10:26 PM |
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Hofstra26
Love to Bake!
Member since 7/06 27915 total posts
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Re: NYC Teacher and Maternity/Leaves Question For ANYONE Who May Have Knowledge
Posted by niikki-8-18-06
If you go out before your due date it is the same as calling in sick.
FMLA doesn't start until the baby is born and it runs concurrent with your maternity leave.
Grace comes after your maternity leave ends and again runs concurrent to FMLA. You get paid for holidays and weekends.
If you want to stay out longer than FMLA you can take a childcare leave of absence for as long as you want. It is unpaid ofcourse!
I just had a baby in January so I learned really quickly all the ins and outs of the wonderful DOE
If you have any questions FM me!
You can start FMLA before the baby.......you just need a doctors note. Then once the baby is born you send in proof of birth to continue FMLA. No matter what....still only 12 weeks. That's what I am doing because I don't plan on returning at all to the city. I too live out east in Stony Brook and I am due on 9/25 so there is NO way I'm commuting and being far away from my hospital and doctors with only 3 weeks to go. Once FMLA is up I am going out on childcare. I'm NOT borrowing any sick days and I have none in my bank because I don't plan on ever returning. I want to find out about short term disability and how that works............it would be nice to get any money for a bit. Can't seem to find answers anywhere and our payroll secretary stinks too!!
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| Posted 8/11/08 11:16 PM |
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BabyLove08
Love her!
Member since 2/08 3673 total posts
Name:
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Re: NYC Teacher and Maternity/Leaves Question For ANYONE Who May Have Knowledge
BUMP
Some say FMLA starts if you leave prior to birth (like if you want to stay home a few weeks before the baby comes), some say it doesn't start until the time of birth and then you start counting your 12 weeks. If this is the case...and you leave 3 or 4 weeks prior to the birth what is that called?
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| Posted 8/12/08 8:58 AM |
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nicrae
He's here!
Member since 12/06 9289 total posts
Name:
Mommy
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Re: NYC Teacher and Maternity/Leaves Question For ANYONE Who May Have Knowledge
Posted by Hofstra26
Posted by niikki-8-18-06
If you go out before your due date it is the same as calling in sick.
FMLA doesn't start until the baby is born and it runs concurrent with your maternity leave.
Grace comes after your maternity leave ends and again runs concurrent to FMLA. You get paid for holidays and weekends.
If you want to stay out longer than FMLA you can take a childcare leave of absence for as long as you want. It is unpaid ofcourse!
I just had a baby in January so I learned really quickly all the ins and outs of the wonderful DOE
If you have any questions FM me!
You can start FMLA before the baby.......you just need a doctors note. Then once the baby is born you send in proof of birth to continue FMLA. No matter what....still only 12 weeks. That's what I am doing because I don't plan on returning at all to the city. I too live out east in Stony Brook and I am due on 9/25 so there is NO way I'm commuting and being far away from my hospital and doctors with only 3 weeks to go. Once FMLA is up I am going out on childcare. I'm NOT borrowing any sick days and I have none in my bank because I don't plan on ever returning. I want to find out about short term disability and how that works............it would be nice to get any money for a bit. Can't seem to find answers anywhere and our payroll secretary stinks too!!
See I was told you couldn't start it until after the baby is born. My FLMA started the day DD was born (Jan 22nd)and I just used sick days for the two weeks that I was out before she was due. My FMLA ran concurrent to my maternity leave. Once my maternity leave was up I went on grace. My FMLA ended April 14th and then I took a childcare leave and didn't go back until May 27th.
I guess it depends on what your payroll secretary says. I was able to stay out 5 months without a problem.
Also even though I had GD, Hypothyroidism and a c-section I did NOT quality for disability. (that is through the UFT)
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| Posted 8/12/08 9:25 AM |
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headoverheels
s'il vous plaît
Member since 6/07 42079 total posts
Name:
LB
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Re: NYC Teacher and Maternity/Leaves Question For ANYONE Who May Have Knowledge
Posted by niikki-8-18-06
Posted by Hofstra26
Posted by niikki-8-18-06
If you go out before your due date it is the same as calling in sick.
FMLA doesn't start until the baby is born and it runs concurrent with your maternity leave.
Grace comes after your maternity leave ends and again runs concurrent to FMLA. You get paid for holidays and weekends.
If you want to stay out longer than FMLA you can take a childcare leave of absence for as long as you want. It is unpaid ofcourse!
I just had a baby in January so I learned really quickly all the ins and outs of the wonderful DOE
If you have any questions FM me!
You can start FMLA before the baby.......you just need a doctors note. Then once the baby is born you send in proof of birth to continue FMLA. No matter what....still only 12 weeks. That's what I am doing because I don't plan on returning at all to the city. I too live out east in Stony Brook and I am due on 9/25 so there is NO way I'm commuting and being far away from my hospital and doctors with only 3 weeks to go. Once FMLA is up I am going out on childcare. I'm NOT borrowing any sick days and I have none in my bank because I don't plan on ever returning. I want to find out about short term disability and how that works............it would be nice to get any money for a bit. Can't seem to find answers anywhere and our payroll secretary stinks too!!
See I was told you couldn't start it until after the baby is born. My FLMA started the day DD was born (Jan 22nd)and I just used sick days for the two weeks that I was out before she was due. My FMLA ran concurrent to my maternity leave. Once my maternity leave was up I went on grace. My FMLA ended April 14th and then I took a childcare leave and didn't go back until May 27th.
I guess it depends on what your payroll secretary says. I was able to stay out 5 months without a problem.
Also even though I had GD, Hypothyroidism and a c-section I did NOT quality for disability. (that is through the UFT)
from what i understand (from speaking with my HR department) you CAN start FMLA before the baby comes if it is medically necessary - but the time you take counts AGAINST the 12 weeks that FMLA gives you.
FMLA basically only guarantees that you will have healthcare for those 12 weeks and your job will be available when those 12 weeks are up.
after that you can take childcare leave for up to one year i think, and still have a job to come back to, but you will have to pay for healthcare (which in the case of my employer means paying for cobra, not sure if that is different for everyone).
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| Posted 8/12/08 9:35 AM |
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headoverheels
s'il vous plaît
Member since 6/07 42079 total posts
Name:
LB
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Re: NYC Teacher and Maternity/Leaves Question For ANYONE Who May Have Knowledge
Posted by BabyLove08
BUMP
Some say FMLA starts if you leave prior to birth (like if you want to stay home a few weeks before the baby comes), some say it doesn't start until the time of birth and then you start counting your 12 weeks. If this is the case...and you leave 3 or 4 weeks prior to the birth what is that called?
if you are leaving your job 3-4 weeks before you give birth, it doesn't "count" towards your FMLA leave unless you have health complications and are being cared for by a doctor (from what i understand).
so for you, it's basically just unpaid leave.
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| Posted 8/12/08 9:37 AM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: NYC Teacher and Maternity/Leaves Question For ANYONE Who May Have Knowledge
If you're out on leave for pregnancy-related complications, the leave is being taken for a serious health condition. As long as your employer designates the leave as FMLA leave, that counts towards your 12 weeks of unpaid leave. Your employer is responsible for designating leave as FMLA leave so you should really check with HR and find out about the district's policy.
As fas as vacations, any vacation of 1 or more weeks where the school is closed and teachers are not expected to report to work does not count towards the 12 weeks to which you're entitled under FMLA. Breaks of less than one week (Jewish holidays, Columbus Day, etc) count towards the 12 weeks of leave.
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| Posted 8/12/08 11:15 AM |
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Buttafli1277
LIF Adult
Member since 8/05 2638 total posts
Name:
Jennifer
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Re: NYC Teacher and Maternity/Leaves Question For ANYONE Who May Have Knowledge
If I have enough days in my bank can I use 6 weeks for paid leave and have the other 6 not paid using the FMLA??
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| Posted 8/12/08 11:16 PM |
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fullofhope
LIF Zygote
Member since 5/08 39 total posts
Name:
M
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Re: NYC Teacher and Maternity/Leaves Question For ANYONE Who May Have Knowledge
I guess it depends on what your payroll secretary says. I was able to stay out 5 months without a problem.
Also even though I had GD, Hypothyroidism and a c-section I did NOT quality for disability. (that is through the UFT)
Sorry to crash. I saw your post from the teacher board and wasinterested in this info too.
How come you did not qualify for disability? I know that I will be put on bedrest before my due date. I've already exausted all my sick days and borrowed about 15. I think according to the UFT site. I will qualify for disability with a Drs. note. I'm assuming this means I'm still cover by insurance?
http://www.uft.org/news/teacher/benefits/short-term/
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| Posted 8/12/08 11:26 PM |
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nicrae
He's here!
Member since 12/06 9289 total posts
Name:
Mommy
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Re: NYC Teacher and Maternity/Leaves Question For ANYONE Who May Have Knowledge
Posted by fullofhope
I guess it depends on what your payroll secretary says. I was able to stay out 5 months without a problem.
Also even though I had GD, Hypothyroidism and a c-section I did NOT quality for disability. (that is through the UFT)
Sorry to crash. I saw your post from the teacher board and wasinterested in this info too.
How come you did not qualify for disability? I know that I will be put on bedrest before my due date. I've already exausted all my sick days and borrowed about 15. I think according to the UFT site. I will qualify for disability with a Drs. note. I'm assuming this means I'm still cover by insurance?
http://www.uft.org/news/teacher/benefits/short-term/
To qualify for the disability benefit, members must have exhausted their sick bank (Cumulative Absence Reserve) and been removed from the Department of Education payroll. After a member has used up his or her CAR (and any borrowed sick days), there is an unpaid waiting period of 28 consecutive days for pedagogues and an unpaid waiting period of 14 consecutive days for non-pedagogues and paraprofessionals that must be satisfied before the disability benefit payment would begin. The difference in the length of the waiting period reflects the “DOE grace period” for which eligible pedagogues can apply that provides approximately two weeks of pro-rated salary.
I didn't qualify because of the 28 day waiting period. Once my grace period was up I was supposed to go back in less than 28 days. I wound up taking childcare leave to extent my absence and they don't allow you to get disability for that.
Message edited 8/12/2008 11:57:16 PM.
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| Posted 8/12/08 11:56 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: NYC Teacher and Maternity/Leaves Question For ANYONE Who May Have Knowledge
Posted by Buttafli1277
If I have enough days in my bank can I use 6 weeks for paid leave and have the other 6 not paid using the FMLA??
FMLA entitles you to 12 weeks of unpaid leave. If you've banked 6 weeks of sick days, you should be allowed to get paid for 6 weeks and take the additional 6 weeks of unpaid leave.
Message edited 8/13/2008 3:30:18 PM.
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| Posted 8/13/08 3:29 PM |
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snowflake08
Love my boys!!!
Member since 8/07 5148 total posts
Name:
Laura
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Re: NYC Teacher and Maternity/Leaves Question For ANYONE Who May Have Knowledge
Posted by MrsS2005
Posted by Buttafli1277
If I have enough days in my bank can I use 6 weeks for paid leave and have the other 6 not paid using the FMLA??
FMLA entitles you to 12 weeks of unpaid leave. If you've banked 6 weeks of sick days, you should be allowed to get paid for 6 weeks and take the additional 6 weeks of unpaid leave.
correct
30 days from your bank can be used if you have them
I have over 70 days but can only use 30 unless i get a drs note for some reason
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| Posted 8/13/08 3:50 PM |
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Buttafli1277
LIF Adult
Member since 8/05 2638 total posts
Name:
Jennifer
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Re: NYC Teacher and Maternity/Leaves Question For ANYONE Who May Have Knowledge
Posted by snowflake08
Posted by MrsS2005
Posted by Buttafli1277
If I have enough days in my bank can I use 6 weeks for paid leave and have the other 6 not paid using the FMLA??
FMLA entitles you to 12 weeks of unpaid leave. If you've banked 6 weeks of sick days, you should be allowed to get paid for 6 weeks and take the additional 6 weeks of unpaid leave.
correct
30 days from your bank can be used if you have them
I have over 70 days but can only use 30 unless i get a drs note for some reason
Thanks for the info. I have over 30 days in my Bank as well. They should allow you to use them!
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| Posted 8/13/08 10:50 PM |
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