Legal Question in Family Law in New York
Adoption and maternity leave
In the ''Child Care and Maternity Leave'' section of our teaching contract one clause reads:
''Child care leave provided for in this subsection shall also be available in cases of adoption...''
A later clause discusses use of sick leave for pregnant teachers for the period they are ''physically/medically'' unable to teach.
Would this, then, apply to people who are adopting? In other words does our district have to extend the same use of sick time for adoption or not? They are claiming they don't, but it appears to me the earlier clause is saying all benefits are to also be extended in the case of adoption. Any help would be greatly appreciated!
1 Answer from Attorneys
Re: Adoption and maternity leave
I am afraid the district is correct.Child care is generally used to include maternity and any leave related to taking care of a child.That is why men can also take child care leave to take care of a child.Pregnancy is considered a disability if the doctor says so or if there is a problem.Such physical disability can be used as sick leave.
Remember sick leave is only for employee's illness . You cannot be disabled because you adopted a child but you can be disabled because you are pregnant. You should however be entitled to child care leave for an adopted child in the same way it applies to a biological child
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
