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dosto asked in Education & ReferenceTeaching · 1 decade ago

Resign in the middle of a school year - consequences???

I am a middle school teacher and this is my first year teaching. I just signed a contract for the year 2008-2009. I am pregnant and will be having a baby in September. Unfortunately, I do not qualify for FMLA. I started my first year in November and to qualify for FMLA one has to have worked a full academic year. For me a full academic year will be in November, but my birth is in September. I was told that I have 2 options: resign right now or try to get a leave of absence. I’m sure my leave of absence will be denied. I do not want to resign right now (I will lose my salary and medical insurance). I was planning to stay and let the school know 2 weeks before the birth that I am leaving. Our union representative told me though that if I try to do that, the school will try to revoke my certificate for a year and will make sure I won’t get hired again. My question is do you know anyone who has been in a similar situation? What are the chances of the school revoking my certification?

Update:

Adding details:

The school will code my resignation a breach of contract and a termination, and can report it to TEA (Texas Education Agency) who can revoke the certificate for a calendar year.

Update 2:

Another addition:

I am NOT ENTITLED to 6 weeks of maternity leave, because I haven't been there for a full-academic year. I spoke to the HR and was told the only way I can take time of is to give them a leave of absence. :-(

6 Answers

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  • 1 decade ago
    Favorite Answer

    I'm not sure what would be your best option, but I'm wondering how would the school be able to revoke your certification? Aren't you certified with a state license? Or are you on some sort of alternative licensure that is partially contingent on your employment?

  • 1 decade ago

    First of all, I think the school will notice well before the birth of your child that you are pregnant and may be missing some time...so waiting to two weeks before might just tick them off because they will be stuck looking for a long-term sub last minute. I would be upfront and ask for an unpaid leave of absence--you can't be the first person to have a baby during your first year of teaching in Texas. I think that while you may not be entitled to a paid six week maternity leave, I think it is federally mandated that you be allowed six weeks unpaid without losing your job--you probably may even have to pay for your health insurance premium, but you can't resign now and lose your medical insurance--you NEED your medical insurance now for you and your newborn baby.

    I don't see how they can deny you a leave of absence...they can't expect you to have a baby one evening and come back the next day! If they deny the absence, I would stay calm and talk to someone from the State Department of Labor about your options. Once they deny the absence, you still have the option to resign...but I wouldn't do that until AFTER the baby is born...you need that health insurance. My feeling is if they are ignorant enough to deny the leave--they deserve whatever notice they get or don't get, but I think it would be better to hear what the Department of Labor has to say about maternity leaves in contract situations such as yours.

    Good luck to you!

  • 1 decade ago

    Your options are going to vary based on the district that you teach for. Still, I have never heard of a school revoking a license, specifically because they do not have the power to do so. Also, TEA gives you a hearing before they revoke an licensing; thus, you would have time to prove your case then.

    None the less, you could apply for the leave of absence and most districts will grant it because you are pregnant and pledging to return. If this does not work and only as a last resort, I would take Sick time for the birth of the child, come back to work for the amount of time that is needed to reach my anniversary and then, take Maternity Leave.

    Source(s): I am a certified teacher.
  • 1 decade ago

    I cannot see how they can deny you a leave of absence. I had major surgery during my first year of teaching. They had to let me off as a medical necessity. They did have a problem when I had a severe sinus infection two months later which kept me out for two weeks more. But I am still employed 20 years later.

    Last year my mentee had an affair with my co-teacher. She had the baby in the summer and did not return to work until October. The baby had major problems. She got a leave of absence and they did have to take her back. All this happened before she had worked a complete year as well.

    I think the Fair labor laws should protect you.

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  • Anonymous
    1 decade ago

    As far as I know a school cannot revoke your certification - only the state can since they are the ones who issue it. This is what I would do. Every woman is entitled to 6 weeks maternity leave. When I took mine I used my sick time to cover it (but I had worked 4 years prior to giving birth so I had accumulated enough). If you do not have enough sick time or disability - take the time off anyways and just have your district dock your pay (you will lose your pay once you go on family leave anyways). But you can't be fired for having a baby, and the district has to count your 6 weeks maternity leave as "time served" because you did not resign. Then if your six weeks off do not take you up to your one year anniversary, go back to work for the few weeks you need to reach your anniversary date, then take family leave. That's what I would do.

  • 1 decade ago

    Most of my experiences have not involved such malicious people that would revoke your license or force you into losing your medical leave. However, those people are out there.

    From whom are you receiving your information? Is it someone you trust in a decision-making position? Have you tried talking to your department chair for advice? An AP or the Principal? Texas needs its teachers, and the districts are used to teachers being on maternity leave. Try talking with a better source if your source is so-so. Perhaps you should consider a consultation with an attorney, too.

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