Diane --
Please stop using the archaic term maternity leave.
It is important to get your Board to stop using it as
well. Following the enactment of FMLA in 1993,
institutions began addressing the need for leave
connected with the birth or adoption of a child as
parenting leave.
When you ask for other institution's policies covering
this leave, are you asking about the applicability of
FMLA, the use of accrued paid time to cover time off
for certified medical needs, or an institution
granting leave (paid or unpaid) to employees who
request it? These are all different questions which
may apply here.
You've been inundated with personal opinion, in part
because you've given other subscribers so little
information in your requests. Does FMLA even apply to
McMinn County Living Heritage Museum? What sort of
research have you done on applicable Tennessee law(s)?
Here's some information from the U.S. Dept. of Labor's
web site. It should help you determine whether or not
the FMLA applies to your organization since it's the
size of the workforce, not the type of organization,
that determines the applicability of the law:
http://www.dol.gov/esa/whd/fmla/
Here's an interesting legal web site that allows you
to specify a subject and a state. The replies to the
questions include the names, addresses, phone
numbers., etc. of Tennessee lawyers who specialize in
this field.
http://www.lawguru.com/cgi/bbs/mesg.cgi?l=TN&c=9
Take stock of existing policies that McMinn has
already instituted. Any new policy should incorporate
or refer to existing policies that apply in whole or
in part. Policies on the use of accrued sick leave and
other paid time off can be incorporated to provide for
the paid portion of leave.
Additionally, use existing policies that cover leave
for the purposes of education and training, military
service, jury duty, etc. to address time off beyond
that which is deemed medically necessary by a
qualified medical practitioner.
From a personal perspective, I would say that
expecting any individual to develop a policy of which
he or she is likely to be the first beneficiary is
creating a snakepit for that employee and for Board
members. I strongly advise you and the Board to seek
outide assistance to create a fair policy that will
remain effective over time and over other cases. Get
advice from attorneys with expertise in this aspect of
the law and from human resource professionals who are
knowledgeable about putting these policies into
practice in Tennessee. In the long run it will be less
expensive than defending yourselves against a lawsuit.
Judy Turner
Whitefish Bay, WI
--- Diane Hutsell <[log in to unmask]> wrote:
> I'm still hoping someone will be willing to share
> what their policy says whether it's for a man or
> woman. I'm sorry I stirred everyone up with my
> question, but evidently it sounds like this is an
> issue that many museums need to address and not just
> the political aspects of it. While I appreciate the
> debate I'm still hoping someone out there has some
> useful advice.
>
> Diane
>
> Diane Hutsell
> Executive Director
> McMinn County Living Heritage Museum
> PO Box 889
> Athens, TN 37303
> 423-745-0329
> www.livingheritagemuseum.com
> [log in to unmask]
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