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babylove0804
LIF Infant
Member since 12/10 61 total posts
Name:
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deleted post but thanks!
deleted post but thanks ladies
Message edited 3/27/2011 7:01:42 PM.
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Posted 3/25/11 8:36 PM  |
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DiamondGirl
You are my I love you
Member since 7/09 18802 total posts
Name:
DiamondMama
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Re: Maternity Leave Question...stressed
I could be totally wrong here but I do not think you are allowed back until doctors clearance @ 6 weeks.
I am sure a BTDT mom will be more helpful. Sorry you are in this predicament 
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| Posted 3/25/11 8:44 PM |
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organichic
LIF Adult
Member since 9/08 2223 total posts
Name:
Lauren
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Re: Maternity Leave Question...stressed
Im a high school counselor and I know that when I went out last time my 8 weeks (I had a C) didn't count against me for seniority. they counted my time out as soon as the 8 weeks were up.
Im going through something similar... I had originally planned on taking 9-12 months, but due to severe budget cuts, Im seriously contemplating going back in sept. so that I won't lose my spot on the seniority list.
I would definitely check with HR. Im almost positive you have 6 or 8 weeks depending on the type of birth. That would give you some time to adjust physically and mentally!
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| Posted 3/25/11 8:51 PM |
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TwoPeas
LIF Adult
Member since 7/08 1165 total posts
Name:
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Re: Maternity Leave Question...stressed
This did not happen to me as I will have off several months since I'm due in 4 weeks....however, this did happen to a good friend of mine. She is a special area teacher in a LI school district that was downsizing her department the following year. She was afraid that if she took her leave she would easily be excessed. Therefore she only took 3 weeks off before returning to work. This was her 3rd child and she said as hard as it was, she felt that is wasn't an option. It's a really lousy situation, but certainly possible. I'm sorry you're going through this!
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| Posted 3/25/11 9:07 PM |
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Re: Maternity Leave Question...stressed
Isn't it illegal for them to have you come back before the 6/8 weeks?
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| Posted 3/25/11 9:37 PM |
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staceyd
LIF Adult
Member since 8/08 2052 total posts
Name:
stacey
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Re: Maternity Leave Question...stressed
I agree with the others... I don't think you are allowed to return to work until after 6-8 weeks/clearance from Drs.
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| Posted 3/25/11 10:04 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: Maternity Leave Question...stressed
Assuming you've been there for a year and are working for a district that employs at least 50 people, your job is protected by FMLA for 12 weeks. If you were going to be laid off anyway, you don't have the job protection. Your employer cannot just pick you to be laid off simply b/c you're on medical leave. I'm assuming your school does layoffs by seniority. Are you the least senior person in the department? Do you have a union rep that you can speak to about this?
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| Posted 3/26/11 7:50 AM |
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kgs11
LIF Adult
Member since 2/07 1424 total posts
Name:
Kim
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Re: Maternity Leave Question...stressed
Posted by DiamondGirl
I could be totally wrong here but I do not think you are allowed back until doctors clearance @ 6 weeks.
I am sure a BTDT mom will be more helpful. Sorry you are in this predicament
this is true>
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| Posted 3/26/11 7:53 AM |
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sarahbelle
Little drummer boy
Member since 5/05 2377 total posts
Name:
Sarah
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Re: Maternity Leave Question...stressed
I'm a teacher also. I don't think it's possible to go back to work before your 6/8 weeks is up.
Speak to your payroll person, your union rep and if you are in NYC, HRConnect. You cannot be discriminated against for taking a restoration of health leaving following childbirth.
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| Posted 3/26/11 9:07 AM |
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staceyd
LIF Adult
Member since 8/08 2052 total posts
Name:
stacey
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Re: Maternity Leave Question...stressed
Just to add some info about fmla.. Each district is screwed but I know in mine, if you rake more than the 6-8 weeks allotted by your doctor, you automatically drop in seniority... That is why wit my first I went back at 6 weeks and will be going back in sept with this one... Who is due just 5 weeks shy of the end of the school year. So technically, fmla does not mean job security in teaching if it bumps you to the bottom of the list.
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| Posted 3/26/11 9:30 AM |
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Kassie
LIF Infant
Member since 12/10 240 total posts
Name:
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Re: Maternity Leave Question...stressed
I had a similar situation. I'm working somewhere where half of the ppl are out in august and they want to start me 4 wks after my DD. I said ok (you can work days after you deliver if you wanted to, Sarah Palin went back 2 days I think). The boys started freaking out when I said it wasn't guaranteed because if you have a section you cannot work for 6 weeks, and only 10 lbs lifting from 6-8 wks. So I said forget it, I'm not getting stressed when I'm doing you a favor so I'm taking 10 weeks! I will go back at 4 weeks if it's an uncomplicated delivery...but it's my second DC...
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| Posted 3/26/11 10:20 AM |
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mosh913
baby boy coming spring '11
Member since 5/05 3133 total posts
Name:
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Re: Maternity Leave Question...stressed
If your situation has to do with tenure or your worried about seniority with lay offs, I was told that FMLA does not affect either. You're entitled to the 12 weeks, unpaid. You should talk to your union rep. 
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| Posted 3/26/11 10:30 AM |
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Erica
LIF Adult
Member since 5/05 11767 total posts
Name:
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Re: Maternity Leave Question...stressed
If you have been at the school for 12 months, then you are eligible for FMLA 12 weeks.
If maybe you just accepted a job for September, than you would have to go in. You could talk to your OB and ask to schedule a c/s at 38 or 39 weeks so that you would have that extra time?
You can go back, we had a director that was hired pregnant and was at work with the baby ~3-4 weeks. I believe hers was natural and she isn't in the classroom, so she was able to bring the baby.
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| Posted 3/26/11 11:54 AM |
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Heather617
My Babies
Member since 5/05 2566 total posts
Name:
Heather
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Re: Maternity Leave Question...stressed
You definitely can't return to work until cleared by your OB which I think is a minimum of 6 weeks.
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| Posted 3/26/11 1:22 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: Maternity Leave Question...stressed
Posted by staceyd
Just to add some info about fmla.. Each district is screwed but I know in mine, if you rake more than the 6-8 weeks allotted by your doctor, you automatically drop in seniority... That is why wit my first I went back at 6 weeks and will be going back in sept with this one... Who is due just 5 weeks shy of the end of the school year. So technically, fmla does not mean job security in teaching if it bumps you to the bottom of the list.
You don't accrue time during the unpaid portion of FMLA leave for purposes of seniority, but the seniority you had prior to your leave should not be affected if you return after the 12 weeks. If your employer treats you as a new employee when you retunr for purposes of seniority, this violates the FMLA.
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| Posted 3/26/11 2:45 PM |
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staceyd
LIF Adult
Member since 8/08 2052 total posts
Name:
stacey
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Re: Maternity Leave Question...stressed
From what the union told me... Anything taken over the 6-8 weeks would drop me in seniority in regards to someone who would have been hired the same time as me... I meant to say in my previous post that each district is different... Fmla does count against your seniority in my district
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| Posted 3/26/11 4:36 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: Maternity Leave Question...stressed
Posted by staceyd
From what the union told me... Anything taken over the 6-8 weeks would drop me in seniority in regards to someone who would have been hired the same time as me... I meant to say in my previous post that each district is different... Fmla does count against your seniority in my district
It's not about each district being different. FMLA applies to all districts. What I had explained above is that you do not accrue seniority during the unpaid portion of your FMLA leave. You don't lose the seniority you had accrued prior to going on leave. Your initial post about dropping to the bottom of the list made it seem like a person starts all over in terms of seniority. This is not true.
What the union told you is correct. If you were hired at the same time as another teacher and you took FMLA leave beyond the 6-8 weeks of paid leave, you would have 4-6 weeks less seniority than someone who has not gone out on leave. However, you would still be above those hired 4-6 weeks after you in terms of seniority.
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| Posted 3/27/11 8:20 AM |
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babylove0804
LIF Infant
Member since 12/10 61 total posts
Name:
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Re: Maternity Leave Question...stressed
Thanks ladies...I will have to check into it further.
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| Posted 3/27/11 9:14 AM |
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DeeGoody78
LIF Infant
Member since 1/11 71 total posts
Name:
Dee
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Re: Maternity Leave Question...stressed
I work in education too... Check your contract (if you have one). You are typically entitled to 6 weeks for vaginal delivery and 8 weeks for a cesarean (sp?). your job is safe under FMLA for up to 12 weeks (as in they can't give your job away to someone else). If you have days banked you are supposed to use those days first- and get paid for those weeks that you have days banked for. My contract says that I can use up to 30 banked days. the next 6 weeks are unpaid- and it's optional to take them (but i'm going to).
I'm in the same situation- due September 12 the Monday after the first day of school. Hopefully I can work as much as possible up until I give birth so it's more time i get to spend with our newborn. but who knows how i'll be feeling.
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| Posted 3/27/11 11:46 AM |
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