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Part time Job Sharing Request Denied Teacher Indiana

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  • Part time Job Sharing Request Denied Teacher Indiana

    My wife teaches Chemistry in Indiana. She has a good track record and is tenured after teaching at the same school since 1997. She has coached cross country and track and she grades papers untill two in the morning.

    She has returned back to full-time work after her maternity leave plus a formally approved part time extension. She has worked out a possible job sharing scenario with two other teachers who are part time/ job sharing. The two other teachers are part time based on the premis that they had children and the school allowed them to return to work pt/job share on this basis. (different principal at that time) This scenario has been verbally declined by the principal for the following school year. The principal has stated that she does not like part time teaching. She has stated to my wife, "why don't you just quit?" She has asked my wifes mentor/supervisor to consult my wife on the question, "if you do not get the part time, will you quit?" The principal has also stated to my wife that her "heart tells her yes, but her mind tells her differently". She has also stated that part timers do not show up to meetings. She rebuts with "illegal to contract" if my wife states that the school may put it in writing that she will show up to meetings. And finally, today the principal came and simply stated "no".

    The school has been firing teachers at a pretty good rate. There is currently a subversive survey being email transmitted regarding this principal and being a "bully" that "targets women". The principal has stated in meetings that "if (teachers)don't get with the program and become a team player" that she has a file full of resumes and they could be replaced.

    I have a chronic illness and covered under my wife's policy with the school. I have a serious condition that I have had bypass surgery for and will need continued care. It is likely that in order to maintain insurance for me that my wifes best scenario is to obtain the part time at the school and for us to pay the health insurance premiums for the group policy. If my wife went to part time, the school would not have an increased cost because they already pay my wife and the two other teachers. They don't even have to write an additional check.

    I do not believe the principal is acting on policy. I am questioning the workplace environment as my wife comes home crying. Obviously, I feel really bad because of my disease creating the insurance scenario in the first place. If she quits or is fired due to pursuing this request to the school board, then well be poor (with a beutiful baby girl of course).

    The school obviously has a job sharing and part time policy because of the current PT status of the two other teachers. Sure my wife and I have a beutiful new baby girl that we would love to quit work and spend all of our time with. We are also responsible and trying to do what is best for our family.

    Questions:
    1: Are there FMLA issues here
    a. Can my wife return under a new contract next year and take leave for the baby, or even for my sickness to care for me.
    b. I don't think FMLA gaurentees a part time job, but is the prejudice the principal seems to be holding regarding my wife legal
    2. Is it discrimination to have some PT teachers and not even have the school board rule. I believe the principal refuses to pass this on
    3. I believe that my wife is being bullied or at least treated unfairly here.

    Obviously, I am biased and not seeing perfectly clearly on this. Are there viable options, diplomatic, legal etc..? thanks

  • #2
    Your Questions

    Questions:
    1: Are there FMLA issues here? Possibly, if the reason for the part-time request is because your wife has been diagnosed with a serious illness herself or if he needs to care for a seriously ill family member. If you currently require care that she needs to provide, the she can apply for an FML leave, taken on an intermittent basis.
    a. Can my wife return under a new contract next year and take leave for the baby, or even for my sickness to care for me. If she is eligible for FMLA at the time she needs to go on leave. However, until she is covered by FMLA, he would not be eligible for the job promises.
    b. I don't think FMLA gaurentees a part time job, but is the prejudice the principal seems to be holding regarding my wife legal The facts you hae provided do not idicate discrimination. She is being treated differently than other pregnant woman so it is not on the bais of pregnancy. Are there other factors that I am not aware of?
    2. Is it discrimination to have some PT teachers and not even have the school board rule. I believe the principal refuses to pass this on It is not illegal for mnagement to treat some people differently than others, as long as the reason for the diffence is not illegal discrimiation or another illegal reason.
    3. I believe that my wife is being bullied or at least treated unfairly here. She may be the recipient of unfair treatment; however, than it itself is not illegal.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

    Comment


    • #3
      thanks more clarificiation...

      My real question is:

      Is there a precedent that other teachers have been allowed to job share (part time) where my wife is being held from doing so... simply by what appears to be a whimsical decision on the part of the principal at the school?

      It is obviously not fair when this occurs, and it seems unfortunate that the school board cannot hear my wife's request as the principal is basically stopping her request in her tracks by verbally denying her. If she hated teaching or had a bad record, I wouldn't wonder and ask questions, but she is an excellent teacher as could be judged by her work.

      nteyeguy

      Comment


      • #4
        Whimsical Decision

        It is legal though it may not be fair, as long as the reason for the change of mind is not because of a discriminatory or other legal reason. Good luck to you and your wife.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment


        • #5
          gracious thanks for your replies

          How long can a person actually take disability pregnancy leave? Is it only 12 weeks total or up to 12 months?

          If one takes a disability leave for pregnancy completing 8 weeks leave, returns part time for another 4 weeks at reduced pay, can more leave be taken without loss of seniority and benefits?

          I am confused as someone stated you could take up to a year off, however unpaid and to keep benefits one would have to pay for benefits to be maintained? And if so, the school would be required to give her a similar job and maintain benefits where she left off?

          We are simply looking for all of our options. We are also wondering if the above is true and up to a year can be taken, perhaps the principal would reconsider the part time issue when presented with the likelyhood of having to have my wife at school part of the year anyway?

          Comment


          • #6
            Fmla

            FMLA provides for up to 12 weeks of unpaid leave in a year. The leave can be taken intermittently. A year is defined by the employer...it can be a calendar year, a rolling year, etc. You can read about timing of FMLA at: http://www.dol.gov/esa/regs/compliance/whd/whdfs28.htm
            Lillian Connell

            Forum Moderator
            www.laborlawtalk.com

            Comment


            • #7
              one more question...

              You did state above, "She is being treated differently than other pregnant woman so it is not on the basis of pregnancy. Are there other factors that I am not aware of?"

              Can the administration shift policy in mid stream and suddenly stop allowing part time. I understand that the part time must be a gift from the administration? Why allow for some and not all?

              My wife is young and somewhat flashy. She wears new clothes and new styles that I believe could make her stand out and for others perhaps to notice her. The principal has questioned her attire in one review. The entire review was good regarding teaching methods, student treatment and all facets in the classroom, and then there was the one unusual note at the bottom. Mrs "(nteyeguy) has improved her choices of clothing. My wife wears styles but is not of questionable nature or choice. She is careful to follow the rules, and still be professional, and still be a teacher, and still have her personality. I do believe the Principal does not like her.

              Sometimes, I wonder if the principal knows about and feels that my surgery expenses could be causing insurance rates to rise (but how could she know? HIPAA?) so they want to get rid of my wife because of this. I feel I am a little paranoid here though.

              thanks in advance for your thoughts
              Last edited by nteyeguy; 05-11-2005, 07:06 PM.

              Comment

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