Breaking teacher contract in Florida???

[wenella]

What is the name of your state (only U.S. law)? FL

I have taught in a school district in Florida for 6 years. I have already signed my contract for this current school year. I am 8 months pregnant. My doctor put me on medical leave last month due to complications with my pregnancy. I have been on leave since. I will deliver this baby around the end of November. I left my school on great terms, with the full intent on returning once my baby was 6 weeks old. My principal was very understanding and supportive of me needing to take medical leave so early. In fact, she even asked me (almost encouraging me) if I was sure that I would be returning. My answer was yes, absolutely, but if for some reason I decided not to, I would give her plenty of notice. My return date, stated on my disability and FMLA paperwork, is at the end of January.

Here is my problem/question: Two weeks ago, my husband recieved an excellent career opportunity in another state, and it was something that he could not turn down. Therefore, we are moving to this other state right before he starts work at his new company, which will be in early January. I have not said anything to my school or district yet. I am waiting until I can find out exactly what the procedure is in a situation like this. I scoured my teacher contract twice for an explanation or SOMETHING that tells me how much notice I have to give, but there is absolutely nothing in those 90+ pages that explains anything related to a teacher voluntarily breaking the contract. My next step is to call my union and ask them. Before I go any further, I am wondering if there is anyone out there who can advise me on this matter. I would greatly appreciate it! Thank you in advance!

 

[Zigner]

I would advise you to contact the union.

 

[Humusluvr]

What is the name of your state (only U.S. law)? FL

I have taught in a school district in Florida for 6 years. I have already signed my contract for this current school year. I am 8 months pregnant. My doctor put me on medical leave last month due to complications with my pregnancy. I have been on leave since. I will deliver this baby around the end of November. I left my school on great terms, with the full intent on returning once my baby was 6 weeks old. My principal was very understanding and supportive of me needing to take medical leave so early. In fact, she even asked me (almost encouraging me) if I was sure that I would be returning. My answer was yes, absolutely, but if for some reason I decided not to, I would give her plenty of notice. My return date, stated on my disability and FMLA paperwork, is at the end of January.

Here is my problem/question: Two weeks ago, my husband recieved an excellent career opportunity in another state, and it was something that he could not turn down. Therefore, we are moving to this other state right before he starts work at his new company, which will be in early January. I have not said anything to my school or district yet. I am waiting until I can find out exactly what the procedure is in a situation like this. I scoured my teacher contract twice for an explanation or SOMETHING that tells me how much notice I have to give, but there is absolutely nothing in those 90+ pages that explains anything related to a teacher voluntarily breaking the contract. My next step is to call my union and ask them. Before I go any further, I am wondering if there is anyone out there who can advise me on this matter. I would greatly appreciate it! Thank you in advance!

I have never known of a school district pursuing the removal of a teaching license due to breaking a contract for moving. BUT, you have taken FMLA, and are not going to return. I have heard of districts making your retroactive termination date the day you left on leave, thus making you responsible for all health care costs incurred during your pregnancy.

I would be REALLY careful on this one, and I would consult your union. You could end up parting ways with your district, and moving on your way with your husband, OR your district could be nasty about it, and take away your benefits. I would consult with an attorney on EXACT wording to use in your letter of resignation.

 

[Free_Advice]

I have never known of a school district pursuing the removal of a teaching license due to breaking a contract for moving. BUT, you have taken FMLA, and are not going to return. I have heard of districts making your retroactive termination date the day you left on leave, thus making you responsible for all health care costs incurred during your pregnancy.

I would be REALLY careful on this one, and I would consult your union. You could end up parting ways with your district, and moving on your way with your husband, OR your district could be nasty about it, and take away your benefits. I would consult with an attorney on EXACT wording to use in your letter of resignation.

How much does the OP pay monthly for her medical? zero or next to zero is a guess, and I think its a good guess.

 

[Humusluvr]

How much does the OP pay monthly for her medical? zero or next to zero is a guess, and I think its a good guess.

well, she could be forced to pay COBRA for those months she was off - which could amount to thousands of dollars.

The ethical thing to do is finish out her contract. If hubby is moving, that may not be an option, but then she should be prepared to shell out some major dollars.

 

[OHRoadwarrior]

I have told many married couples the same thing over and over. Just because one spouse moves for a new job opportunity, it does not mean you must move also. A good relationship will survive that. In fact, if his new job does not work out, you both will be happy you still have yours. I have been away from my family off and on over the years. The longest time was 1.5 years. A cell phone and a furnished efficiency are your best friends. Moving into a weekly rate hotel is great while you find a cheap, furnished efficiency.

 

[Captain Picard]

I have heard of districts making your retroactive termination date the day you left on leave, thus making you responsible for all health care costs incurred during your pregnancy.
.

I would agree with that policy .. its no different than regular, non-union employees in that respect.

 

[Humusluvr]

I have told many married couples the same thing over and over. Just because one spouse moves for a new job opportunity, it does not mean you must move also. A good relationship will survive that. In fact, if his new job does not work out, you both will be happy you still have yours. I have been away from my family off and on over the years. The longest time was 1.5 years. A cell phone and a furnished efficiency are your best friends. Moving into a weekly rate hotel is great while you find a cheap, furnished efficiency.

I don't know that I agree with that in this case. OP has a new baby. Like brand new. I'll be interested to see what the union lawyer suggests.

 

[Humusluvr]

I would agree with that policy .. its no different than regular, non-union employees in that respect.

Me too. If a teacher takes FMLA, I believe they should finish out their contract year with the district that just funded that.

It will also depend on if OP has enough vacation/sick days to cover her entire leave. If she does, that could change the outcome if she decides not to return

 

[ecmst12]

I believe the law says that if an employee does not return at the end of FMLA due PURELY to the employee's choice, NOT due to medical reasons of being unable to return after the 12 weeks, then they can be required to repay the cost of health insurance premiums during the FMLA period. So that would apply here.

Would your husband moving in January while you return to work and finish out the school year in your current location be a possibility? With you joining him after your contract is fulfilled?

 

[OHRoadwarrior]

I don't know that I agree with that in this case. OP has a new baby. Like brand new. I'll be interested to see what the union lawyer suggests.

The thing that makes this interesting is OP and hubby would only be separated 6 months. Of the 6 months until school is out, spring break is right in the middle for a weeks visit. OP could use the time to seek employment for the next school year, where hubby is.

 

[Humusluvr]

The thing that makes this interesting is OP and hubby would only be separated 6 months. Of the 6 months until school is out, spring break is right in the middle for a weeks visit. OP could use the time to seek employment for the next school year, where hubby is.

Yeah, I'm sure hubby will feel great about missing the first 6 months of his child's life.

I believe she SHOULD move, but she needs to be prepared for contract ramifications, and possibly losing her health benefits, and having to repay the insurance. She should know what the outcomes could be to her choices - because she (and her hubby) do have choices, some of which could be more expensive than others.

 

[ecmst12]

I just suggested it as a possibility. I don't know how far the move is but weekend visits could be an option. It might end up being cheaper than repaying the health insurance premiums AND it will preserve OP's relationship with her employer (which might be useful in the future).

 

[Humusluvr]

I just suggested it as a possibility. I don't know how far the move is but weekend visits could be an option. It might end up being cheaper than repaying the health insurance premiums AND it will preserve OP's relationship with her employer (which might be useful in the future).

It is good for her to hear all the options. She may not have even thought of them.

 

[wenella]

Thank you for all of the responses. To the poster that asked what I
contribute to my benefits each month: I actually pay quite a bit into my benefits, averaging over $500. per month. The school board pays the remaining portion. I am aware that my district will most likely require me to repay their portion of my benefits if I do not return. My desire is to notify them as soon as possible because I DO want to maintain a good relationship with them and not burn any bridges. I plan on using my 6 years in the district as a future reference. My husband and I have decided that we are staying together as a family, not separating for 6 months. The cost of paying benefits retroactively is worth the 6 months we will have together as new parents.

Here's something else that I did not mention but that I thought about while reading the responses: Because I was placed on medical leave so early, my district's policy is to require the employee to begin using the 12 weeks of FMLA and to go on an "unpaid" status immediately. During this time, the employee pays their portion of benefits directly to the school district since there is no paycheck to deduct benefits from. So ever since I have gone on leave, I have been paying my portion to the district anyway. After the 12 weeks of FMLA is up, I am required to pay the entire amount (my portion and the district's portion) of my benefits directly to the district. At this point, my doctor has put my return date at the end of January.

Something else that I am unsure about is my disability payments. I have been paying monthly premiums for both short and long term disability for years. When I went on medical leave, I started a claim for short term disability. It was approved and I now receive weekly checks from disability at 60% of my salary. Once I notify my district that I will not return, do I need to call my disability company and notify them as well, or do I call them sooner or later?

Since yesterday, I have found out that our district also has a procedure for women who decide to not return to their position after having a baby. The district requires the employee to complete a Childrearing Leave form, the principal/district is required to approve it, and it is good for two years. Is this something I could use instead? I am very confused about what to do. I will be attempting to contact the union attorney this afternoon.