I thank Deb and Matthew for signing in on their
perspective with respect to leave.  Understanding some
would retire the subject, I still believe strongly
that it's an important concept that deserves more
discussion with a pragmatic approach.  With that said,
I apologize if you personally are disinterested in the
topic and suggest you use your delete key and save
your time for a post that is of more interest to you
personally.  I believe there are still enough who
want/need more info on the matter:

FIRST THE CLARIFICATION--Someone questioned someone
else's status.  Please know the topic of the
requirement to work in a museum has been discussed and
clarified on this before.  One does not have to work
in a museum to be a member of this list (see the FAQ).
 I'm not.  I've been a member of this list for
somewhere close to 10 years (I know my tenure predates
1999 and just haven't bothered to search the archives
to figure out just how long I've been here.  You do
not have to be a museum employee to find value and/or
provide commensurate value to these discussions or
this community.

SECONDLY, THE BOTTOM LINE:  Lamenting, complaining,
whining, arguing, and/or bitching about leave policy
on a discussion forum isn't going to fix the problem. 
If enough here feel strongly about the subject--and
clearly, I hope you do--the only way to effectively
fix the problem of "fair leave" lies within the Halls
of Congress or your state's version of the Legislature
(which may be called something else, but you get the
idea).  

As clearly demonstrated in Michael Moore's movie
"Sicko" (say what you will about Michael, but it was a
fairly decent documentary absent some of the skew),
the USA lags far behind the employee protections
available in many other nations.  And just as an
anecdote, I learned today that the health care system
in place in Canada had as one of its architects Kiefer
Sutherland's maternal grandfather.  

Those who want to promote the concept of having fair
and equal leave policies for all museum employees
(regardless of size of museum--since many of the laws
have employee size limits that must be met before the
protections are put in place which leaves out many a
smaller museum) need to fight for them.  If you
believe what you have said and don't want to just
bitch for bitching's sake, then here is a place to
start:   http://thomas.loc.gov/links/  Use Thomas to
find out what is already happening in Congress, what
your legislators are doing and/or not doing, and how
to get in touch with them.  

Due to State's Rights, each state has the ability to
enact laws that supplement the protections afforded by
the US Government.  In California, we've been blessed
to have Assemblywoman Sheila Keuhl (Zelda on the old
Dobie Gillis Show), who has written a number of
protections for the common folk.  If you want to find
out who is working for you in your local government
and how to get a hold of them, here's a place to
start:  http://www.statelocalgov.net/

NOW FOR A COUPLE OF LAWS YOU MAY NOT KNOW:  Due to
HIPPA (see http://www.hhs.gov/ocr/hipaa/ ), your
privacy as it relates to health-related matters is
supposed to be protected.  Under color of HIPPA, we've
been advised we are not to discuss another employee's
health-related issues.  If an employee is out ill,
we're not supposed to discuss it, and supervisors are
not allowed to discuss these matters with other
employees--or the people who discuss the matter could
be jointly and severally sued.  The same protections
also apply to for those who are covered by the
Americans with Disabilities Act as it relates to
privacy (remember, some of these laws overlap).

Now what does that mean for you?   It means that a
coworker could be off on leave for no obvious reason
to you.  It may be absolutely protected under the law,
but really, none of your business.  It may seem unfair
to you because your required ignorance of the matter
keeps you from unstanding why it's happening, but that
you get the overflow of the workload, but it is
absolutely legal.

NOW FOR A LITTLE PRAGMATISM:

Warning, some will be offended, and that's tough.  Who
said life had to be easy or that life is always fair?

1.  Having a baby, in most cases, in this era is a
choice.  Why one makes that choice is dependent upon a
wide number of variables including religious reasons,
but no matter what, it's a choice.  I'm not arguing
abortion here, but that one often has a choice.

2.  Pregnancy, in general, is not a disability. 
Complications of pregnancy can be; post-partum can be,
but pregnancy in general is not.  Disability laws are
generally targeted to protect medical issues.

3.  The FMLA covers time off for major life-issue
matters for employers who have at least 50 employees
or more and can cover such matters as adoption, elder
care, personal illness or injury, caring for a sick
relative, etc.  If you work for an employer who
doesn't have at least 50 employees, as the law stands
today in many states, you are just basically SOL (and
I'll leave you to define that).

4.  Employers have the ability to grant UNPAID leaves
of absence as appropriate.  If your employer wants to
give you time off to hike with a niece, that is
between you and your employer--but you cannot demand
it.  That's what vacations are generally for, and it's
between you and your employer to negotiate your
vacation benefits.

5.  There is a wide array of museum folk on this list
representing a wide variety of museums in cascading
numbers.  There are the large ones, and the medium
ones, and the tiny ones, and the Oh, is this REALLY a
museum ones.  So blanket statements just don't apply
to any and all museums on this list, starting with the
understanding that not every member on this list is in
the good ole USofA.  

6.  So, tell me this?  Why are you entitled to
anything other than what the law provides for and that
for which you negotiate and have a binding contract? 
It just doesn't work like that.  If you choose to have
a baby, then, if you want the time off under the
current system, you should do so when you can afford
to do so and take the appropriate time off you'd like
to have--which could mean quitting your job and
reentering the job market when your nesting time is
finished.  It's not your employer's problem.

I know that is harsh, but so are the realities of the
world I'm afraid.  Do I believe it should be so?  No,
but what I believe doesn't matter.  It's cold hard
facts.  

In order to be successful in getting liberal benefits
in the working world of the US (unless you and the
boss know one another in a deeply carnal way and the
boss has the ability to give you whatever you want),
you must be A) uniquely qualified for the position you
hold, and B) must be in a job that is much in demand
where there are insufficient candidates, and C) you
must work for an employer who can AFFORD to give you
such benefits.  

Let's take Point C first.  Having been on this list
for nigh on 10 years, I am absolutely convinced that
most museum employers cannot AFFORD to give you
liberal, paid leave.  Heck, I am convinced that most
employers are hard pressed just to be able to pay you
a decent living wage commensurate with your skills and
education.  

Like having babies, you CHOSE to work in such a field
and should by now know or should have known that money
and staffing are an issue.  If it were not, so many of
you would not have had such a hard time finding a job
and that job search shouldn't have taken so long. Deal
with the hand you chose to be dealt or go back to my
discussion on Thomas and DO SOMETHING ABOUT IT.  Don't
cry to us, Argentina!

Which brings me to Point B.  The demand for jobs
exceeds the number of jobs to be had, and new
candidates are being churned out annually.  If you
cannot meet the demands of your job--no matter the
life events--you can bet your bottom dollar there's a
candidate out there who would be willing to do your
job in your place.  And that's where your employer has
the upper hand.  You're not going to be successful,
generally, in negotiating a great leave policy across
the museum community until that situation changes.  

IT workers can often demand their price and privileges
because the demand for staff is greater.  It's
dreadfully unfortunate that society at large does not
value museums as they should nor do they support them,
but that is part of the malaise our society is
afflicted with.  And it's not getting any better. 
Here, in California, last week the Terminator
announced plans to potentially terminate a number of
State Parks including a number of museums, not the
least of which is our beloved Hearst Castle.  This is
tragic, folks.

So let's work our way back to Point A.  In many
instances, depending upon your job classification, you
are uniquely qualified for the positions you hold. 
Most of you have a very unique speciality that
required an abundance of education.  I'm so sorry that
doesn't buy you what I believe it should, but, in most
instances it doesn't, and in some cases, there are
those in the business world who look to fill some of
the jobs you have or strive to hold.  It's a cold
reality, and for that I apologize.  Not working in a
museum, but for a for-profit corporation, I write a
newsletter each week going out to 500+ people, and I
regularly promote museums and the value therein.  It's
sad that more do not do the same.

I AM NOT YOUR ENEMY HERE.  I want to clarify that this
is more a dose of Reality 101 as I know it.  There are
no entitlements here.  We all have to work for what we
believe in.  Again, I must reiterate--especially those
of you in smaller institutions--if you want a fair and
ample leave policy effectuated across the board, we're
all going to have to work on it.  

WHO, AMONG YOU, is willing to get busy and work with
the powers that be to try to push such legislation? 
It's an election year, and some legislators are
actually listening.  Are you ready and able to roll up
your shirt sleeves and do the work, or did you just
want to sit back with a general sense of entitlement
and complain?

IT'S UP TO YOU!

Rant off.  Putting Kevlar on.

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