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I need legal advice asap please or recc a lawyer please

PoppedInASnap Posted:

I need legal advice asap please or recc a lawyer please

I gave birth the last week of school so I missed the 21-25th of june...

I had called in sick that sunday and said I wouldnt be coming in probably the week but would try to come in if I could...

I had 4 sick days left for the YEAR and 28 banked.

I just received a letter stating that I am on maternity leave for the SUMMER (WHEN NO ONE WORKS WHEN YOU ARE A TEACHER) and that I will now not get paid for the summer months after July 15.

I need to know if this is legal. If the last day of work is the 25th why must I take disability for the rest of the summer?

Please, those of ytou who know my situation know this was unfair as I worked unhealthy till the last week I could...

I need to know the laws. Do i HAVE to take maternity leave when work ended the 25th? Why cant I take the sick days?

Please let me know asap

Thanks so much
little j Posted:

Re: I need legal advice asap please or recc a lawyer please

are you in the union? can you call them and ask for help?

sorry im no help, but i can ask my mom tonight to see if she remembers teh rules (she's retired now)
PoppedInASnap Posted:

Re: I need legal advice asap please or recc a lawyer please

No union... catholic school :(

MaggieLuvsJoe Posted:

Re: I need legal advice asap please or recc a lawyer please

Jenny I think you should contact the department of labor. If you used your sick days why would they file that you went on maternity leave? especially since the school year was over. Sounds to me like this school is trying to screw with you as usual and I don't think this is legal.

Can you contact the brooklyn/queens diocese and find out what the heck is going on? I would definitely give them a call and speak to someone in charge there.

Last I heard when you take leave at ANY job you use up all your sick days first and then disability or maternity leave take over.

I wish you luck

MrsInglima Posted:

Re: I need legal advice asap please or recc a lawyer please


Posted by MaggieLuvsJoe

Jenny I think you should contact the department of labor. If you used your sick days why would they file that you went on maternity leave? especially since the school year was over. Sounds to me like this school is trying to screw with you as usual and I don't think this is legal.

Can you contact the brooklyn/queens diocese and find out what the heck is going on? I would definitely give them a call and speak to someone in charge there.

Last I heard when you take leave at ANY job you use up all your sick days first and then disability or maternity leave take over.

I wish you luck




Agreed. This doesn't seem legal to me, but I could also understand them saying 'well maternity because in case we did need you for summer school or something you can't work.'
PoppedInASnap Posted:

Re: I need legal advice asap please or recc a lawyer please


Posted by MrsInglima


Posted by MaggieLuvsJoe

Jenny I think you should contact the department of labor. If you used your sick days why would they file that you went on maternity leave? especially since the school year was over. Sounds to me like this school is trying to screw with you as usual and I don't think this is legal.

Can you contact the brooklyn/queens diocese and find out what the heck is going on? I would definitely give them a call and speak to someone in charge there.

Last I heard when you take leave at ANY job you use up all your sick days first and then disability or maternity leave take over.

I wish you luck




Agreed. This doesn't seem legal to me, but I could also understand them saying 'well maternity because in case we did need you for summer school or something you can't work.'



We are a catholic school we aren't allowed any summer work because thats NYS mandated. They don't need me for anything

Its not legal. They just dont want to pay me. I'm already not taking their coverage next year to do the 'right thing' and save them money...
MrsInglima Posted:

Re: I need legal advice asap please or recc a lawyer please


Posted by PoppedInASnap


Posted by MrsInglima


Posted by MaggieLuvsJoe

Jenny I think you should contact the department of labor. If you used your sick days why would they file that you went on maternity leave? especially since the school year was over. Sounds to me like this school is trying to screw with you as usual and I don't think this is legal.

Can you contact the brooklyn/queens diocese and find out what the heck is going on? I would definitely give them a call and speak to someone in charge there.

Last I heard when you take leave at ANY job you use up all your sick days first and then disability or maternity leave take over.

I wish you luck




Agreed. This doesn't seem legal to me, but I could also understand them saying 'well maternity because in case we did need you for summer school or something you can't work.'



We are a catholic school we aren't allowed any summer work because thats NYS mandated. They don't need me for anything

Its not legal. They just dont want to pay me. I'm already not taking their coverage next year to do the 'right thing' and save them money...



Well then you need to sue their @$$. And while you're at it, look for another job. I know teaching jobs are hard to come by, but you don't deserve this BS!
AllisonBrian Posted:

Re: I need legal advice asap please or recc a lawyer please

I think in the NYC public schools you have to return to school before the last day in order to not get kicked off payroll (*I think*). However it seems like this school has done nothing but stress you and make you miserable. There have been quite a few listings on the OLAS site due to incentive retirements (I just saw one for Roslyn). Get in touch with the Diocese and for sure, a lawyer just to be sure! Good luck!!
azailia Posted:

Re: I need legal advice asap please or recc a lawyer please


Posted by AllisonBrian

I think in the NYC public schools you have to return to school before the last day in order to not get kicked off payroll (*I think*). However it seems like this school has done nothing but stress you and make you miserable. There have been quite a few listings on the OLAS site due to incentive retirements (I just saw one for Roslyn). Get in touch with the Diocese and for sure, a lawyer just to be sure! Good luck!!



i work in a city school.. and what she said about payroll is true.

i have had friends who gave birth in april and may and they made sure they returned just for the last week of school to get back on payrolll...... BUT there has to be something for giving birth in june!!!

regardless, you said you were supposed to sign something for maternity leave.... they just put you on it... that does sound fishy to me

what are your plans for september???

i also know that in the city schools.... winter/spring recess DOES count towards maternity because you are getting paid even though you arent working... maybe that is the same for the summer???

all i know is teachers have the worst maternity leaves ever!!!!!!

definately do your research!!! and good luck!!
meara Posted:

Re: I need legal advice asap please or recc a lawyer please



that is garbage!!!!!!!!!!!!!!!

they should totally pay you. I'm not a lawyer but it sure seems like they are trying to cheat you. maybe a well placed call from a lawyer would help. .

I wish you were near phillie - my cousin is a monsignor there and I bet I could get him on them. . lawyer or the church one should make them behave!
StaceyWill Posted:

Re: I need legal advice asap please or recc a lawyer please

I don't have any legal advice just want to say that it's pretty crappy if they're trying to screw you over~shame on them!
luvabul Posted:

Re: I need legal advice asap please or recc a lawyer please

definately do call Raymond Nardo, Esq. he is located in Mineola, I used to be a paralegal for him. http://www.raynardo.com/ go on his website, he is a NYU law school graduate, and is very helpful.

HTH

take care


not soliciting, because i dont work there anymore, but when I did, he did do really solid and good work....usually he will call you back. he has a heavy clientele so keep calling....
pandafish519 Posted:

Re: I need legal advice asap please or recc a lawyer please


Posted by PoppedInASnap

No union... catholic school :(



i'm not sure what diocese you work for. i work for the diocese of rockville centre. when i went on maternity leave i HAD to use my sick time FIRST and then take actual 'maternity leave'
LadyDuda81509 Posted:

Re: I need legal advice asap please or recc a lawyer please

I cant even believe that jenny! im sure there is something you can do about it.

kristen1226 Posted:

Re: I need legal advice asap please or recc a lawyer please

According to the law for Family Medical Leave, you HAVE to taken any paid sick or vacation days before FMLA can start. HTH! Good luck!!

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