Maternity Leave Protection to a Minor?

[Just Blue]

So perhaps we have 2 laws which may contradict each other. I am not sure if she had authorization or not; if she called home first or not. As far as I know, she left to go home because she was ill or in need of being with the newborn. and the law; as I see it, protects her from any penalties albeit from an employer or from school authority. Why would the school or government be excused from how they handle their subordinates as it relates to Pregnancy Leave laws.

She thought she could? What does Pregnancy Leave laws mean? That the woman has a right to LEAVE, and take care of her needs, and not be required to remain separated from her child, and that she is given extra leeway to cope with pregnancy related illness and depression.

But you answered my question: that the truancy should be set aside because she was going to a legally protected activity and excuse for leaving school.

Are you deliberately being dense? The CHILD...And I'm going to say this again...THE CHILD was required to have permission to leave school. You do not know enough about what the heck happened to determine if the CHILD had that required permission. The CHILD is not in a work place, but in a school that, by LAW, has mandatory attendance. If the CHILD is not sufficiently recovered from her delivery FIVE MONTHS AGO then that CHILD'S Doctor would have to write a letter to the school to collaborate her need for more time off.

BTW: Who are you in this situation? The negligent mother of the CHILD that is so remiss in caring for her that she ended up pregnant at 14??

 

[Just Blue]

unfortunately, your entire opinion is being based on morals and not law. i thank you for your input, teenage pregnancy is a sad plight, but i dont understand why you are excluding her from her own rights and needs which are protected under the law . But please stop inputting your teenage pregnancy opinions. That is not the question here.

Please post the law that gives a CHILD the right to leave school without authorization. I'll wait.

 

[sefnfot]

(1)She is in SCHOOL! NOT a workplace. (2)She is also a minor that is required to get permission to leave school BEFORE leaving. (3)Perhaps if the adults in this little girls life stopped finding ways for her to not be responsible for her poor decisions this CHILD would not have had a CHILD!

1 School and workplace have similar Supervisory and subordinate relationships.

2 this required permission is established by the law that permits the women to leave. ( but that is part of my question ) Which law supercedes in this case? and I would think federal protection would come before state and city school permission laws.

the fact is she left to go home because of her post pregnancy needs and is being harrased because of this.

3 I agree that the adult should be more responsible, but the courts should stay out of it as much as possible. We all cringe at the thought of teenage pregnancy; but we get worse feelings when we hear of teenagers dumping their babies in dumpsters. So it is also the adults' responsibility that her rights not get violated as well.

And if adult new mothers are given protection then this should apply to a teenager as well.

 

[fairisfair]

Please post the law that gives a CHILD the right to leave school without authorization. I'll wait.

hahahahahaha. . . . no you won't

 

[fairisfair]

1 School and workplace have similar Supervisory and subordinate relationships.
NO they do not. The law defines an employer. The law applies to employers.
2 this required permission is established by the law that permits the women to leave. ( but that is part of my question ) Which law supercedes in this case? and I would think federal protection would come before state and city school permission laws.read and comprehend, a leave law, does not give a person permission to leave. Not any more than a dui law gives a person permission to drink and drive. stop being stupid

the fact is she left to go home because of her post pregnancy needs and is being harrased because of this.
she broke school rules. she left because she chose to. other students are not allowed to just leave and neither is she
3 I agree that the adult should be more responsible, but the courts should stay out of it as much as possible. We all cringe at the thought of teenage pregnancy; but we get worse feelings when we hear of teenagers dumping their babies in dumpsters. So it is also the adults' responsibility that her rights not get violated as well.
oh, so NOW the courts should stay out of it?? you want the courts to pass laws that you can use to serve your needs, even when they do not apply, but then they should stay out of it.
And if adult new mothers are given protection then this should apply to a teenager as well.

wrong, and the leave act does not apply to dogs in the park either.

It does not apply. Stop your nonsense

 

[Just Blue]

We all cringe at the thought of teenage pregnancy; but we get worse feelings when we hear of teenagers dumping their babies in dumpsters. So it is also the adults' responsibility that her rights not get violated as well.

This has got to be one of the most stupid things I have ever read. So if the little tart doesn't get her way and run wild when ever she likes she will dump the baby??????????

WHO ARE YOU IN THIS SITUATION????????? PLEASE POST THIS LAW THAT ALLOWS A CHILD TO LEAVE SCHOOL FOR ANY REASON WITHOUT PERMISSION!!!!!!!!!!!!!

 

[sefnfot]

The CHILD is not in a work place, but in a school that, by LAW, has mandatory attendance. If the CHILD is not sufficiently recovered from her delivery FIVE MONTHS AGO then that CHILD'S Doctor would have to write a letter to the school to collaborate her need for more time off.

BTW: Who are you in this situation? The negligent mother of the CHILD that is so remiss in caring for her that she ended up pregnant at 14?? a friend

"by LAW, has mandatory attendance."

But by law a women is given protection against mandatory attendance to be at work; when California Pregnancy Leave laws apply. why wouldn't the law protect a teen against mandatory attendance laws; when California Pregnancy Leave laws apply?
I understand that getting permission is for her benefit. But the question would still remain, if Pregnancy Leave laws would protect her from penalties as it relates to this case.

 

[fairisfair]

"by LAW, has mandatory attendance."

But by law a women is given protection against mandatory attendance to be at work; when California Pregnancy Leave laws apply. why wouldn't the law protect a teen against mandatory attendance laws; when California Pregnancy Leave laws apply?
I understand that getting permission is for her benefit. But the question would still remain, if Pregnancy Leave laws would protect her from penalties as it relates to this case.

Because CA PREGNANCY LEAVE LAWS DO NOT APPLY.

It applies to employers and employees END OF STORY.

 

[sefnfot]

wrong, and the leave act does not apply to dogs in the park either.

It does not apply. Stop your nonsense

"Supervisor" means any individual having the authority, in the
interest of the employer, to hire, transfer, suspend, lay off,
recall, promote, discharge, assign, reward, or discipline

The law is broad as it relates to the Supervisory and subordinate relationship, in how it effects a women's needs subsequent to a pregnancy.

 

[Just Blue]

The law is broad as it relates to the Supervisory and subordinate relationship, in how it effects a women's needs subsequent to a pregnancy.

For GOD SAKES!!! She is a CHILD! Popping out a baby does NOT make her a woman!

 

[sefnfot]

she broke school rules. she left because she chose to. other students are not allowed to just leave and neither is she

1. other students are allowed to leave when they have permission.
2. her pregnancy is a known fact to the school.
3. the law provided a legal reason to leave, because it provides protection from penalties that directly arise from being absent.
4. A company cant have rules that violate the leave laws so how can the school have rules that violate them? Unless you can show me where the laws exclude such cases.

 

[Just Blue]

Who Are You In This Situation?

 

[mlane58]

1. other students are allowed to leave when they have permission.

You were asked the question if she had permission, but failed to answer.

2. her pregnancy is a known fact to the school.

So what

3. the law provided a legal reason to leave, because it provides protection from penalties that directly arise from being absent.

What law? If you are referring to the Pregnancy Leave Act----Guess what? You have been told over and over that since she is not in a place of employment, it doesn't apply. Oh! wait a minute.

Main Entry: ap·ply
Pronunciation: \ə-ˈplī\
Function: verb
Inflected Form(s): ap·plied; ap·ply·ing
Etymology: Middle English applien, from Anglo-French aplier, from Latin applicare, from ad- + plicare to fold — more at ply
Date: 14th century
transitive verb
1 a: to put to use especially for some practical purpose <applies pressure to get what he wants> b: to bring into action <apply the brakes> c: to lay or spread on <apply varnish> d: to put into operation or effect <apply a law>
2: to employ diligently or with close attention <should apply yourself to your work>
intransitive verb
1: to have relevance or a valid connection <this rule applies to freshmen only>
2: to make an appeal or request especially in the form of a written application <apply for a job>

Hopefully you get this, bit I am not counting on it.

4

. A company cant have rules that violate the leave laws so how can the school have rules that violate them? Unless you can show me where the laws exclude such cases

Because they are two different (Different: 1: partly or totally unlike in nature, form, or quality entities and the laws that apply to an employer don't neccessarily apply to an educational insitution for their students - WHO ARE NOT EMPLOYEES

 

[cbg]

In any case, California's pregnancy leave law does NOT give an employee the right to simply get up and walk out at any time. You are seriously misunderstanding what is covered under that law.

But regardless of that, even if you were 100% correct about what the law says, which you are not, the 14 year old mother is not an employee; therefore employee laws DO NOT APPLY.

You can argue this as long as you like and the answer is not going to change.

 

[CdwJava]

Okay, I read the other thread ...

First, WHO gave her a "truancy" citation? The school? The police?

Does she have to go to court? or does she have to face some in school punishment?

A single act of cutting school does NOT equate to "truancy" per the Education Code.

48260. (a) Any pupil subject to compulsory full-time education or
to compulsory continuation education who is absent from school
without valid excuse three full days in one school year or tardy or
absent for more than any 30-minute period during the schoolday
without a valid excuse on three occasions in one school year, or any
combination thereof, is a truant and shall be reported to the
attendance supervisor or to the superintendent of the school
district.​

Also, you will NOT be able to win the argument that some form of employer anti-discrimination law applies - it does not. A school is NOT her employer, and she is still a minor subject to the rules of her parent or legal guardian. Only that parent or legal guardian can provide an excuse for her absence, and even that will not help her final grades.

I suspect the parents had not been controlling her very well before this because she ended up in this position at such a young age.

But, let us assume that it DOES work the same ... If she MUST go home each day to attend to the child, she should approach it as any employee would have to - get a note from the doctor recommending this activity. An employee returning to work from maternity leave cannot just go home without notice and when she wants to! That employee would have to provide some manner of written recommendation, and it is very likely that the school/employer would be under no obligation to honor this - depending on the need of the child.

- Carl