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View Full Version : Harrased by Town Admin for Paid Maternity leave Massachusetts


Certainly29
02-11-2009, 01:40 PM
My wife is a teacher in a town in Mass. where the CBA states that she is eligibile up to 40 days paid leave (from sick days) for maternity benefits provided doctor's certification of disability. She also has the 40 saved sick days.

1) The town business manager challenged when her "maternity leave" versus sick time should begin because she was hospitialized 3 days (pregnancy complications) prior to delivery date. The town manager said " I doubt it took you three days to get induced" and she asked for a doctor's note to verify. Her doctor's office faxed over that she was advised to remain out of work 6 weeks due to Post Partum. The note did not have the date of birth or the date of induction, so again at the request of the town manager she asked for another note. The doctors office wrote the d.o.b. and induction date on the same prior note and re-faxed it with a new cover sheet. The town manager will not accept it because "someone just wrote on the same note...".

2) She then had a new doctor's note faxed advising that I continue to remain out of work for an additional 4 weeks beyond the initial 6 weeks.

She just received the benefits letter from the town manager and only allowed for 30 days paid leave and also still requesting a "new note" with the dob. This whole process has been very upsetting and challenging for my wife. It has gotten too upsetting and she can't deal with it anymore. Is she in the wrong? should she go to her union rep? Go to court?

My opinion is that the town does not provide their own form and the business manager can then choose what information meets "her" criteria. My wife was on the union labor team and the business manager was on the Town's team during last negotiations. Perhaps the business manager is getting her, I don't know, but the business manager's behavior seems very wrong and illegal.

cbg
02-11-2009, 01:43 PM
She needs to work this through her union. MA law requires that she receive up to 8 weeks of UNPAID leave, and FMLA is unpaid by definition. Since the requirement that she receive paid leave is through the CBA, it is through the union that she needs to do her grieving. The law is not being violated here - the CBA is.

Certainly29
02-11-2009, 01:53 PM
Thank you. I guess what "feels" like harrasment may not be by law. I will ask my wife to contact her union rep.

Thanks again!

HR/DisMgr
02-12-2009, 12:52 PM
It has gotten too upsetting and she can't deal with it anymore.

Notwithstanding that the town manager sounds like an idiot, your wife needs to toughen up. She will have bosses that are rude, uncaring, selfish...the list goes on and on. If she cannot deal with those issues, then how is she going to be a sucessful teacher?

Oh and your precious and sweet baby??? Going to turn into a teenager that can act a lot like a boss (rude, uncaring, and selfish). It happens to the best, but I digress.:D

Tell your wife that she needs to deal with the situation professionally and put the town manager in her place (professionally that is.)

Congrats on the new baby.

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