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maternity leaves and using sick time (Employment & Labor Law)

Mon, 31 Jan 2005 18:37:00 GMT

What is the name of your state? Massachusetts
We are currently negotiating our teaching contract. It currently states that if a female employee uses accrued sick time (up to a 40 day limit) as part of her maternity leave, she has to return to work for a complete school year (meaning September to June, even if she returns to teach part way through the previous year) or pay the town back the days she got paid for. For example, a teacher leaves in October 2004 and returns in January 2005. she used 8 weeks for paid sick time and 4 weeks unpaid. She will complete this school year and has to stay with the district the following school year completely (no new children) or pay back the sick time she had accrued and used.
This doesn't seem right. If you accrue your sick days, you should be able to use them when you want to with no obligations. Can anyone help with this issue?

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  • Mon, 31 Jan 2005 20:02:00 GMT(1)
  • I haven't, no, but I'm too darned tired to cope with Josh tonight. I didn't get any sleep at all last night and I'm already dealing with a poster who believes it's all someone else's fault that he himself quit (and is arguing with me about it without a single punctuation mark). Josh will have to keep till morning. I'm logging off for the night. I'll check out his newest post in the morning. See you then.
  • Mon, 31 Jan 2005 20:10:00 GMT(2)
  • Poor baby
    Well he had a meltdown today, made threats,
    I have a feeling he may not be around for a while.
    BTW he's already tried the defamation suit before and it was thrown out.
    nite nite
  • Mon, 31 Jan 2005 19:05:00 GMT(3)
  • CBG,
    Sorry, no way to PM you and sorry to hijack, have you seen the latest from Josh?

    Quote:

    Originally Posted by joshwilson3

    In certain extreme situations, the law is inadequate. In order to shame its inadequacy, it is necessary to act outside the law. To pursue... natural justice. This is not vengeance. Revenge is not a valid motive, it's an emotional response. No. Not vengeance. Punishment.
    Those who do evil to others - the killers, the rapists, psychos, sadists - take heed. You will come to know me well. JoshWilson is dead. Call me... The Punisher.

    I will delete when you respond.
  • Mon, 31 Jan 2005 19:00:00 GMT(4)
  • What concerns me about your post is your mention that this applies to pregnant women. Are you telling me that it ONLY applies to pregnant woman and a man with a broken leg or a woman with pneumonia who missed the same amount of time would NOT be subject to that clause?
    If so, it is clearly illegal and you should contact the EEOC and/or MCAD immediately. They CANNOT treat pregnant women differently than other employees with a non-maternity condition.
    However, if my hypothetical man with the broken leg or hypothetical woman with pneumonia would also have to pay back the sick days, then hang it up, you're SOL. I wouldn't like it either, but neither Federal nor Massachusetts law (a) requires that you be given paid sick days in the first place or (b) considers sick time as wages (Massachusetts law DOES consider earned vacation time as wages so you can't lose them, but that does not apply to sick days) so the company can put whatever conditions they want on their use as long as the conditions are not in violation of Title VII or related laws.
    It is ONLY if this clause applies to pregnant women and no one else, that it becomes illegal.
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