[Mail_treas] Paid Maternity Survey

[Felicia Drummey]

Hello Friends,

So sorry to bother you this time of year but I'm facing a potential ULP
regarding unpaid FMLA following maternity leave and would appreciate your
taking the seven questions survey attached.​​
​
 Maternity Leave Survey
<https://docs.google.com/a/omeresa.net/forms/d/10oZm6ZmAroVNgZxTF_ER71A2woHQGvHE-NtDiSoAGDA/edit?usp=drive_web>
​
It is very clear that 12 weeks of annual FMLA is always unpaid; however,
our negotiated agreement specifies paid leave to teachers for six weeks
following a vaginal delivery and eight weeks following a caesarian
delivery. Additionally, should mother or child experience any medical
complications then the staff member would also be eligible to use paid sick
leave with a physician’s statement to certify the medical condition
preventing her from working. Without further illness, injury or disease of
the mother or child additional leave beyond the customary six and
eight-week time frame is unpaid.


The union disagrees and cites the board policy concerning FMLA that
requires a staff member to “substitute” earned or accrued paid leave for
unpaid FMLA leave. The union contends that while out on FMLA the entire
absence should be paid following childbirth. The union indicates that other
staff members have been required to use all of their available sick leave
upon the birth of a child and contends that this past practice should be
continued up to the 12 weeks of FMLA. Unfortunately, the union has chosen
to ignore the rest of our board policy that states “the ability to
substitute paid leave is governed by the District’s normal leave policy
that applies to other employees for use of such leave”. This means that the
staff on maternity leave must still follow board policy to be eligible to
use sick leave for personal illness, pregnancy, exposure to contagious
diseases, and for absence due to illness, injury or death in the immediate
family.

I feel confident about our approach because I was at a legal update with
Pepple & Waggoner a couple of months ago and the attorney confirmed that
while out maternity leave any time beyond the
​customary ​six or eights is unpaid
because the mother is​ no longer physically recovering from giving birth
​. He said the only way to be paid under sick leave beyond the six to eight
weeks while on FMLA is when the mother or infant have complications that
prevent the mother from working.

​All that said ​
I
​also ​am aware of a fair number of
school
​ districts that do​

​require
staff
​to ​
"burn up" their sick leave
​ and pay them for the entire 12 weeks. So, I have prepared a brief survey
to learn what is happening across the state and why so our board can
determine how is desires to handle this issue.

Please take a few minutes to take the brief google docs survey and I'll be
sure to share the results with all of you.

In Appreciation,

Felicia Drummey, Treasurer

Coshocton City School District
1207 Cambridge Road
Coshocton, Ohio 43812

740-622-1901 x1113
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://listserv.mveca.org/pipermail/mail_treas/attachments/20160608/9b90cd50/attachment.htm>