Education Association of Plymouth and Carver Everything you always wanted to know about... FMLA / Maternity or Benefits of Contract and were afraid to ask... February 22, 2010 Presenter: Joy Robbins Beckwith, MTA Consultant

Before making a decision:  Check the contract  Consult with the union leadership  Commit to nothing until your questions are answered to your satisfaction and you know what provisions in the contract apply.

AGENDA Overview of FMLA Contract Language that applies to:  FMLA /Maternity If approved, unpaid Family and Medical Leave Act leave requested for personal illness or family health care under Federal Law shall be concurrent and coterminous with other extended leaves provided herein, and shall not be granted as added time. If approved, unpaid Family and Medical Leave Act leave requested for personal illness or family health care under Federal Law shall be concurrent and coterminous with other extended leaves provided herein, and shall not be granted as added time. Chapter 149: Section 105D. Entitlement of female employees; rights and benefits

FMLA   Purposes: Job security versus parenting/family responsibilities and own health care needs Balance employer/employee interests Minimize sex discrimination

FMLA Assist people unable to work due to: Own serious health condition Child or parent with serious health condition Care for newborn or newly adopted child

Reasons for taking FMLA   Birth/care of newborn   Adoption   Care for: Self Spouse Child Parent   “Serious Health Condition”

FMLA Serious Health Condition Defined   Inpatient care   Continuing treatment by health-care provider Incapacity of 3 or more consecutive days and subsequent treatment that also involves   Treatment 2 or more times; or   Regimen of continuing treatment

FMLA Serious Health Condition Defined   Incapacity due to chronic serious health condition (e.g., asthma) Treatment if would result in incapacity otherwise (e.g., cancer)

FMLA Duration of FMLA Leave   12 weeks within 12-month period Employer may designate   Intermittent Leave   Childbirth or Adoption Parents at same employer share 12 weeks May 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 leave begun between five and three weeks before the end of the term, a teacher can be required to continue the leave until the end of the term if:

Local Educational Agencies  The leave is taken for reasons other than the employee’s own serious health conditions  The leave is more than two weeks; and the leave would end during the last wo weeks of the term Contract benefits

FMLA Benefit Protections   Health Insurance Must 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 Benefit Protections Employee must pay his or her portion If 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 PREVAIL OVER FMLA BENEFITS   COLLECTIVE BARGAINING AGREEMENTS Cannot Diminish FMLA Rights

FMLA Military Leave 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 Military Leave 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 / Maternity  Wrap Up  Q & A