Know your rights

Maternity and child care leaves

Nov 15, 2007 1:15 PM

Are you pregnant or planning to start a family? You should know that you have the right to take an unpaid leave of absence at any time during your pregnancy or during your baby’s first years.

A maternity leave of absence is available only to regularly appointed female staff members. You can begin this unpaid leave at any time during your pregnancy, but it must end six weeks after the birth of the baby. Your health benefits continue during your maternity leave.

If your recuperation requires more time, you can use days in your sick bank (Cumulative Absence Reserve or CAR) or borrow up to 20 sick days if necessary. You also are entitled to a “calendar month” grace period, which pays you for all weekends and holidays for the “calendar month” following the exhaustion of the days in your sick bank. Your payroll secretary can advise you as to how many days you have in your sick bank and can give you the necessary forms to apply for your leave of absence.

If you are disabled as the result of pregnancy, the UFT Welfare Fund will pay for up to eight additional months of medical benefits identical to what you had while working.

The federal Family Medical Leave Act (FMLA) also provides up to 12 weeks of unpaid leave for maternity or care of a child under age 1, adoption, or the start of foster care. You are eligible if you have worked for a total of at least 12 months as of the date the leave commences (the 12 months need not be consecutive) or for 1,250 hours over the previous 12 months. Your health benefits will continue during a FMLA leave.

Either parent can also apply for a child care leave. This unpaid leave, which does not include health benefits, begins six weeks after the birth of your baby and can last for a period of up to four years from the September following the leave. Your school secretary can give you the necessary forms to fill out.

If you have additional questions about maternity leaves, child care leaves or FMLA leaves, call your UFT borough office for assistance.