Education Association of Plymouth and Carver Everything you always wanted to know about... FMLA / Maternity or Benefits of Contract and were afraid to.

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

FMLA / MaternityFMLA / Maternity

Wrap UpWrap Up

Q & AQ & A