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View Diary: A new way to screw unionized women teachers in Michigan: A "pregnancy tax" (117 comments)

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  •  I think that daily fee/penalty (1+ / 0-)
    Recommended by:
    Lujane

    is a violation of the FMLA.  I guess we have to wait and see if the district tries to enforce this against pregnant teachers and refuses to "waive" what is clearly a penalty.

    "If you tell the truth, you'll eventually be found out." Mark Twain

    by Steven D on Thu Mar 21, 2013 at 06:31:21 AM PDT

    [ Parent ]

    •  We'll see. (1+ / 0-)
      Recommended by:
      Lujane

      It doesn't look like merely running over days by one day due to something like the flu would be covered by the FMLA since, per the DOL, it covers "a serious health condition that makes the employee unable to perform the essential functions of his or her job."

      Another area for challenge might be whether the FMLA sets a ceiling or a floor.  ie, it requires unpaid leave for serious illness, but does that mean that the employer has the leeway to craft procedures for that? ie, does the 4-person panel that the MOU envisions run afoul of the FMLA?

      •  FMLA Covers anything that requires 3 or more (4+ / 0-)

        visits to a medical professional for the same illness. If someone was sick with the flu long enough to be out 10-12 days, they would only need to see the doc 3 times in that period. That's not hard to do if you're that sick.

        I'd like to start a new meme: "No means no" is a misnomer. It should be "Only 'Yes' means yes." Just because someone doesn't say "No" doesn't mean they've given consent. If she didn't say "Yes", there is no consent.

        by second gen on Thu Mar 21, 2013 at 07:50:04 AM PDT

        [ Parent ]

      •  I'm curious if parents will want the teacher to (0+ / 0-)

        return to school with a potentially communicable disease just so they don't have to pay that $120/day fine.

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