Hi there,

I know this section of the forum has to deal with employment, but I couldn't find another board to place this in and I'm hoping someone can help. I'm currently attending a high school in NYC and I am due the last week of November. I know thata high school student in NYC is allowed to take maternity leave, but I couldn't find much information on that law on the Dept. of Ed site, except this:

" Pregnant students who attend public school may transfer to a special program for pregnant students. Pregnant students may receive instruction at home when medical condition warrants. The student's physician, the Division of Special Education, and the Office of Home Instruction must approve home instruction. Pregnant students can take a maternity leave from school for three months after birth to care for their child and then return to school. "

Does anyone have anymore information on this law, and how I can keep up with work while on maternity leave? Any information would help greatly.

Thank You,
Yesenia

P.S. - Don't know if this piece of info is of any help, but I'll post it anyway: I am in a regular high school, not an alternative program or a program for pregnant/parenting teens. I am not looking to transfer. I have no pregnancy complications and am expected to deliver on time. I have already informed the school faculty of the situation, and they're willing to help out in any way they can.

You might happen on someone who either knows the answer or is a skilled enough researcher to find the answer, but the majority of people who post here are familiar only with employment law. I'm not sure how much help anyone here is going to be.

And I'd just like to state that it's a sad state of affairs when we have enough pregnant teenagers that we have to have a law granting them maternity leave from high school.

I'd go ahead and just work with the school faculty to have them guide you through the situation. I know it is difficult! I could research this for you but since it sounds like things are going okay so far, I'm not going to spend the time on it :). If you start to have any problems with them, come back on here and I can try to help you out or put you in touch with a (free) attorney who can help if necessary.

BTW - cbg - in this case, the 14th amendment (equal protection) is probably the "law" that ensures that a pregnant teen receives maternity leave. No comment otherwise.

I didn't say they shouldn't get it; I said it's a sad thing that there are enough pregnant teenagers that they have to worry about legally offering maternity leave. Please don't misquote me.

I didn't say they shouldn't get it; I said it's a sad thing that there are enough pregnant teenagers that they have to worry about legally offering maternity leave. Please don't misquote me.

There are fewer pregnant teenagers today, (proportionally), than there have been at any other time in US History. Just mentioning.

Any is too many.

My opinion is: depends on whether they are married or not, and other circumstances that vary by case.

I had my first daughter at 18 and my second at 19 (I was married and had already graduated high school) but anyways, I have been so blessed by my daughters and wouldn't take back anything that I did, although a lot of people disapproved because I was "to young", I have the most wonderful children and life and feel so lucky. :)

CBG, I completely understand where you're coming from though because unfortunately there are way to may teenagers whom become pregnant and don't take responsibility and/or ruin their own and their childs lifes. I'd have to agree that it really depends on the specific situation, although I don't believe you ever disputed that. :D

I am certainly no expert on school law, but Title IX does protect students who are pregnant from discrimination.

Here's what I can tell you:

Title IX of the Education Amendments of 1972, prohibits sex discrimination in educational programs that receive federal funds.

The regulations that implement Title IX specifically prohibit discrimination based on pregnancy. In the regulation quoted below, "recipient" means a school that receives federal funding, which most public schools do.

§106.40 Marital or parental status.

(a) Status generally. A recipient shall not apply any rule concerning a student's actual or potential parental, family, or marital status which treats students differently on the basis of sex.

(b) Pregnancy and related conditions. (1) A recipient shall not discriminate against any student, or exclude any student from its education program or activity, including any class or extracurricular activity, on the basis of such student's pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom, unless the student requests voluntarily to participate in a separate portion of the program or activity of the recipient.

(2) A recipient may require such a student to obtain the certification of a physician that the student is physically and emotionally able to continue participation so long as such a certification is required of all students for other physical or emotional conditions requiring the attention of a physician.

(3) A recipient which operates a portion of its education program or activity separately for pregnant students, admittance to which is completely voluntary on the part of the student as provided in paragraph (b)(1) of this section shall ensure that the separate portion is comparable to that offered to non-pregnant students.

(4) A recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom in the same manner and under the same policies as any other temporary disability with respect to any medical or hospital benefit, service, plan or policy which such recipient administers, operates, offers, or participates in with respect to students admitted to the recipient's educational program or activity.

(5) In the case of a recipient which does not maintain a leave policy for its students, or in the case of a student who does not otherwise qualify for leave under such a policy, a recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom as a justification for a leave of absence for so long a period of time as is deemed medically necessary by the student's physician, at the conclusion of which the student shall be reinstated to the status which she held when the leave began.

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What this all boils down to is that if the school system has a policy for students who are out of school due to surgery or extended illness or the like, it needs to apply the same policy to you. I know that doesn't really answer your question about specifics, though.

A good place to get information is the AAUW (American Association of University Women).

I hope this helps. Good luck to you!