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Family Medical Leave
Old 12-28-2014, 08:27 AM
 
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I will have surgery on my knee soon. I have many sick days to use during my recovery period. However, my SIL, who is a human resource officer for a company, tells me I shouldn't use my sick leave, but instead use FMLA leave.

Can anyone tell me, how this would work or which would be the better choice? I tried googling the topic but became more confused. I appreciate the advice from those with experience in this area.


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Old 12-28-2014, 08:30 AM
 
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It's been over a dozen years since I took FMLA, but I had to use all my sick/vacation time and the rest was unpaid. FMLA simply protected my job when I returned 12 weeks later. I'm guessing something changed?
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Old 12-28-2014, 08:52 AM
 
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My understanding of FML is that sick leave has to be used first. Also, FML is NOT paid...it simply keeps your job for you although it is also possible (depending on how long you are out) that it will not be in the same school/grade level when you return. I don't think you will run into that issue unless you were out for almost a whole school year or something like that.
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Old 12-28-2014, 09:14 AM
 
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Based on our experience (we used FMLA for adoption leave years ago), the PPs are right. What about short-term disability? Again, I'm betting you'd have to use sick leave first. But then if you could go on short-term disability, you would get paid at least a portion of your check, and your job would be held for you (I think).
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Old 12-28-2014, 09:59 AM
 
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The pp are correct. You have to use sick leave for the amount of time the dr writes you out. You can't use any sick days past that. If you don't have enough sick days for that time, you would then use family leave. You don't get paid during family leave time, but you keep your job and benefits. Some states now pay a small stipend during Fmla. You have to check that out. Education is different than companies when it comes to sick days and leaves. If you pay into a disability program, don't forget to inquire about that. Many school districts don't have a disability program, you have to apply and have the amount deducted. Good luck with your surgery.


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Old 12-28-2014, 10:00 AM
 
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Thank you. I was under the same impression as you all. I just couldn't convince my SIL about this. Time off with the teaching profession is different.
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Old 12-28-2014, 10:07 AM
 
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Nope. I don't think the law is any different. I was a nurse working full time in a hospital when I took FMLA. I'm a little concerned about her knowledge of her job, though.
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Old 12-28-2014, 11:03 AM
 
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Getting paid during a FMLA leave is different from company to company. My spouse needed to use FMLA for medical reasons, and was paid during this time because his employer offered (and we paid into) short-term disability benefits. If the same thing happened to me, my FMLA wouldn't be paid, because my district doesn't offer that type of insurance. My understanding is that most school districts don't offer short-term disability.
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Suggestion Regarding FMLA
Old 12-28-2014, 12:43 PM
 
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If you are a teacher in a school district that has a teachers' union, I would contact a representative of your union. There is usually someone who can help you. If this is not possible, in NYS, NYSUT represents the teachers and in NYC it is the UFT. If you teach outside of New York, or in an area without union representation, I would recommend you contact your state labor department. In my opinion, it is very important to have accurate information when taking FMLA or LWOP.
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I just did this
Old 12-28-2014, 01:13 PM
 
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last year. You have to use the sick leave first. Hope you recover well! Be sure to go to physical therapy and work it at home too. It makes ALL the difference!


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