possible loss of job due to maternity leave

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Holdeta

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Hi, I'm hoping someone can help me with this.

I am in my 9th year teaching at a public school in NJ. We are having massive budget cuts. There is a good possibilty that I will lose my job. Yesterday I was told that although I was hired a year before this other teacher (therefore giving me a year tenure over her) I can be let go before her because I took 2 maternity leaves of absence. They say that my leave of absences change my tenure over this other teacher. As of right now my position is on "hold" and I am not rehired for next year, although I have not officially been let go.
My leaves were a combination of paid sick time, NJFML, and days w/o pay. I need to know if this is legal. I have looked at NJFMLA and read that I cannot be penalized for taking a leave of absence, which is what I think is happening. I feel that I am being discriminated against because I had children. I will be talking to union reps soon, I just wanted some feedback in the meantime.
thanks.
 
This is going to come down to how your union contract reads. It is quite legal to use tenure as a means to select who stays and who goes in a layoff, but the law does not determine tenure - your contract does that.
 
Check your contract language.

Your time off the job for whatever reason, might not have counted towards seniority accrual.

That might be the why the other person has a leg up on you.

Your union rep should be able to answer that easily for you.
 
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