I am going to have to take a leave of absence from my job. What rights do l have?
If you are sick, you have the right to use your sick leave. However, many times public school employees must take a leave which will last longer than their sick leave. If you want to stay home longer because of a newborn, the adoption of a child, family illness, or personal illness, you might want to take advantage of the Family and Medical Leave Act.
To qualify for the rights provided by this law, you must have worked for the same company for at least 12 months, you must have worked for at least 1,250 hours in the past year, you must work for a company with at least 50 employees, and there must be 50 employees who work within 75 miles of your work site. If you meet these qualifications, you are entitled to take a total of 12weeks off work without pay, keep any health insurance you already have, and get your old job back, or a job with equal pay, status and benefits, when you return.
This law covers male and female workers. However, when a husband and wife work for the same employer, the total amount of leave they may take is limited to 12 weeks if they are taking leave for the birth or adoption of a child or to care for a sick parent. "Very sick" means you (or your family member) require hospital care or continuing medical treatment. The district may ask for proof of the illness. The law requires that, if possible, you give the district at least 30 days' notice before taking the leave.
The Board of Trustees must also grant to a certified, full-time employee a leave of absence for temporary disability at any time the employee's condition interferes with the performance of regular duties. During this time, the district cannot terminate the employment of the employee. Temporary disability includes pregnancy. Again, this is an unpaid leave.