Education Association of Plymouth and Carver Everything you always wanted to know about... FMLA / Maternity or Benefits of Contract and were afraid to.
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Education Association of Education Association of Plymouth and CarverPlymouth and Carver
Everything you always wanted to know about. . .Everything you always wanted to know about. . .
FMLA / MaternityFMLA / Maternity
oror
Benefits of ContractBenefits of Contract
and were afraid to ask. . .and were afraid to ask. . .February 22, 2010February 22, 2010
Presenter: Joy Robbins Beckwith, MTA ConsultantPresenter: Joy Robbins Beckwith, MTA Consultant
Before making a decision:Before making a decision:
Check the contractCheck the contract Consult with the union leadershipConsult with the union leadership Commit to nothing until your questions are Commit to nothing until your questions are
answered to your satisfaction and you know answered to your satisfaction and you know what provisions in the contract apply.what provisions in the contract apply.
AGENDAAGENDA
Overview of FMLAOverview of FMLA
Contract Language that applies to:Contract Language that applies to: FMLA /MaternityFMLA /Maternity
If approved, unpaid Family and Medical Leave Act If approved, unpaid Family and Medical Leave Act leave requested for personal illness or family health leave requested for personal illness or family health care under Federal Law shall be care under Federal Law shall be concurrent and concurrent and coterminouscoterminous with other extended leaves provided with other extended leaves provided herein, and shall not be granted as added time.herein, and shall not be granted as added time.
Chapter 149: Section 105D. Entitlement of female employees; rights and benefits
FMLAFMLA
Purposes: Job security versus parenting/family
responsibilities and own health care needs
Balance employer/employee interests
Minimize sex discrimination
FMLAFMLA
Assist people unable to work due to:
Own serious health condition
Child or parent with serious healthcondition
Care for newborn or newly adopted child
Reasons for taking FMLAReasons for taking FMLA
Birth/care of newborn Adoption Care for:
SelfSpouseChild Parent
“Serious Health Condition”
FMLASerious
Health Condition Defined
Inpatient care
Continuing treatment by health-careprovider
Incapacity of 3 or more consecutive days and subsequent treatment that also involves
Treatment 2 or more times; orRegimen of continuing treatment
FMLASerious
Health Condition Defined
Incapacity due to chronic serioushealth condition (e.g., asthma)
Treatment if would result inincapacity otherwise (e.g., cancer)
FMLADuration
of FMLA Leave
12 weeks within 12-month periodEmployer may designate
Intermittent Leave Childbirth or Adoption
Parents at same employer
share 12 weeksMay not be intermittent
Local Educational Agencies
Public Schools/Private Elementary and Secondary
Special rules for instructional employees, which include not only teachers, but also athletic coaches, driving instructors, and special education assistants
Local Educational Agencies
Does not include TA’s who do not have as their principal job actual teaching, nor does the category include counselors, specialists, bus drivers, cafeteria workers, maintenance workers
Local Educational Agencies
Leave taken at end of school year and continuing at the beginning of the following school year is not intermittent leave (period during summer vacation not counted against FMLA entitlement)
Local Educational Agencies
End of school year : A teacher who begins FMLA leave more than five weeks before the end of the term can be required to continue until the end of the term if both the following apply:
The leave is three weeks or more; and
The employee would otherwise return the three-week period prior to the end of the term.
Local Educational Agencies
Five to three weeks from end of term: If Five to three weeks from end of term: If leave begun between five and three weeks leave begun between five and three weeks before the end of the term, a teacher can be before the end of the term, a teacher can be required to continue the leave until the end required to continue the leave until the end of the term if:of the term if:
Local Educational AgenciesLocal Educational Agencies
The leave is taken for reasons other The leave is taken for reasons other than than the employee’s own serious health the employee’s own serious health conditionsconditions
The leave is more than two weeks; andThe leave is more than two weeks; and
the leave would end during the last wo the leave would end during the last wo weeks of the termweeks of the term
Contract benefitsContract benefits
FMLA BenefitProtections
Health InsuranceMust be maintained during leave
Under same conditions as if employee had continued employment
Employer paid same portion of premiums as it had during active employment
FMLA BenefitProtections
Employee must pay his or her portionIf coverage not continued because
employee fails to pay, upon return, employee must be reinstated to health
coverage without waiting period, physical examination, preexisting conditions
FMLA Unionized Workplaces
COLLECTIVE BARGAINING RIGHTS COLLECTIVE BARGAINING RIGHTS PREVAIL OVER FMLA BENEFITSPREVAIL OVER FMLA BENEFITS
COLLECTIVE BARGAINING AGREEMENTS
Cannot Diminish FMLA Rights
FMLA MilitaryLeave Amendments
On January 28, 2008, the FMLA was amended: 12 weeks of leave for eligible employees as a result
of“qualifying exigent circumstances” arising out of the fact that the spouse, child, or parent is on active
duty or has been notified of an impending call to active duty status.
The Secretary of Labor is required to issue regulations
defining “any qualifying exigency.”
FMLA MilitaryLeave Amendments
26 weeks of leave for eligible employees to care for a military service member injured in the line of duty
An eligible employee includes the spouse, son, daughter, parent, or next of kin of a covered service member
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