Maternity Leave Protection to a Minor?

[TinkerBelleLuvr]

When I was teaching, I had the parents (pregnant mom) and dad in two of my classes. The parents worked with me to ENSURE that the child ATTENDED school. The parents were involved to make sure that the children received an education so that they could graduate. I provided work for the child while she was home for ONE WEEK after birth. After that, she attended FULL days.

This sounds more like parents who are NOT enforcing the rules that children MUST attend school. These are EXCUSE makers.

Did the mother have a doctor's excuse for her absences? I can tell you that if there is a truancy hearing going on, this is NOT a first offense. Heck, most schools allow 3-5 UNEXCUSED absences per year. That she's been hit in October tells me that she is using the baby to skip school.

Hopefully, the courts will recognize the lack of parental supervision and place her with someone who can control this CHILD.

 

[mb94]

You realize, no matter how much you put your fingers in your ears and say "no" it doesn't make things true.

Schools are not employers. End of story.

But they are sort of like employers since they are supervisors.

Except, they are not.

In fact, schools are much more like parents than employers. A school has much more ability to act in authority over you than an employer can. A school can make you stay late without having to give you extra credit. If an employer makes you work late you have to get paid (unless you are exempt but let's not get too complicated).

So, unless you have some type of caselaw where schools are expected to meet federal or state employmen laws in regards to how they deal with studennts (hmmmm, how would they deal with child labor laws?) then you don't win this point. Without this point you can't even start to prove your argument.

Of course, that doesn't even deal with the issue that you aren't allowed to walk out of work in the middle of the day without permission and expect not to get in trouble. Now, you could use your FMLA time or other leave to keep from getting fired for missing work. But you still need to tell someone you are leaving work. You can't just disappear.

There's a lot of other things you have wrong. But until you can prove that schools are considered as employers (when dealing with students) then stop arguing. Your entire argument is built on a false point.

 

[Ohiogal]

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.

Actually if this child's mother is being negligent in allowing this child to miss school WITHOUT taking proper steps to make sure the absence is authorized and this CHILD has already ended up pregnant then this matter MOST DEFINITELY belongs in court. Because maybe then this CHILD will NOT end up NEGLECTING her own baby like she is neglecting her other responsibilities.

 

[Ohiogal]

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

Okay Carl you are just being mean now> Quit picking on the poor ignorant OP. I mean really. The person she knows NEEDED to leave school and everyone is just picking on her. So knock it off. You big mean cop you. You need to sympathy for this WOMAN. I mean really.

 

[Ohiogal]

You realize, no matter how much you put your fingers in your ears and say "no" it doesn't make things true.

Actually i think this OP would be saying "Not fair not fair not fair. QUIT PICKING ON ME!" And stomping her feet.

 

[TinkerBelleLuvr]

Fortunately, the Pregnancy Discrimination Act of 1978 made it illegal for employers to fire or demote you because you decided to become a mother.

Key word: employer. A school does NOT employ students.

And the Family and Medical Leave Act of 1993 requires your company -- if it employs 50 or more workers -- to grant you up to 12 weeks of unpaid leave to take care of your new baby.

Key word: employ. Students are NOT employed by the school to be students.

It also guarantees that your job or an equivalent position will be waiting for you when you return.

Okay, so the student gets to come back and be a student.

The picture did improve in 1993 with the passage of the Family and Medical Leave Act (FMLA), which entitles most workers to up to 12 weeks of job-protected medical leave for birth or adoption. However, the FMLA doesn't cover those who work for smaller companies and guarantees only unpaid leaves.

Key word: worker. Worker = employed. Students are NOT employed by schools.

Your arguments use a slippery slope style and it won't give you the outcome that you are looking for.

 

[Silverplum]

This was a fun thread.

Makes me miss the "Stupidest Thread Of 200x" contests!